Brandon Select Board Meeting

June 23, 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, Mitch Pearl

Also in Attendance:   Keith Arlund, Anna Scheck, Chris Brickell, Tom Schmelzenbach, Steve Cijka, Lee Kahrs, Bernie Carr, Bob Kilpeck

1.  Call to order

The meeting was called to order at 7:08PM by Chair Bill Hatch.      

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

2.  Consent Agenda

a) Approval of Minutes - June 9, 2008 - Select Board and Board of Liquor Commissioners

Motion by Mitch Pearl/Bruce Brown to approve the Select Board minutes of June 9, 2008, with a correction of the date of the meeting to June 9^th.  The motion passed unanimously - 3 to zero.

Motion by Bruce Brown/Richard Baker to approve the Liquor Commissioners' minutes of June 9, 2008.  The motion passed unanimously - 3 to zero.

b) Consider Appointments

i) Rutland Regional Transportation Council - Richard Baker and Keith Arlund (Alternate)

Motion by Mitch Pearl/Bruce Brown to appoint Richard Baker as the Representative to the Rutland Regional Transportation Council, with Keith Arlund as the Alternate.  The motion passed unanimously - 3 to zero.

ii) Rutland Regional Planning Commission - Ethan Swift and Jenny Nixon (Alternate)

Motion by Mitch Pearl/Bruce Brown to appoint Ethan Swift as Representative to the Rutland Regional Planning Commission, with Jenny Nixon as the Alternate.  The motion passed unanimously - 3 to zero.

3.  Fiscal

a)  Warrant - June 23, 2008 - $76,045.80

b)  Purchase Order No. 37986 - $46,227.90

Motion by Richard Baker/Bruce Brown to approve the warrant of June 23, 2008 in the amount of $76,038.44.  The motion passed unanimously - 3 to zero.

Richard Baker stated the decrease of $7.36 is due to the end of the year reconciliation for the property taxes and sewer bills, as in many cases, there are refunds due. He noted this adjustment was from a property owner who had already deeded over the property to the town of Brandon. 

Mr. Baker also noted there is no purchase order to approve, as this purchase order had already been approved in the amount of $60,000.00 and the intent of this request is to secure the in-place unit cost.  Mr. Baker stated the board was provided a sheet of encumbrances; however, this amount is not included as it is coming out of the bond.

Motion by Richard Baker/Bruce Brown to authorize the town manager to prepay $13,772.10 to Markowski for gravel at the current year's price for the Pearl Street Project. The motion passed unanimously - 4 to zero.

Mr. Baker stated the town could cut a check before July 1^st, if the motion was not sufficient to hold the price. Tom Schmelzenbach stated the vendor is willing to hold the price.  Mr. Baker thanked Tom Schmelzenbach for bringing this to the board's attention.

4.  Town Manager's Report

Keith Arlund stated Mr. Baker and he met with Kyle Tagger, who is owner of the New Hampshire company that is purchasing some of the VT Tubbs assets. They are evaluating the operations in Brandon as due diligence. Mr. Arlund noted we have indicated our desire to assist wherever possible. Mr. Arlund reported the Rutland Economic Development Corporation, Vermont Economic Development, Central Vermont Public Service and the town will be attending a meeting this Wednesday with one or both of the owners to continue dialogue on keeping operations here. 

Mr. Arlund reported the Act 250 hearing for Segment 6 of the Route 7 project will be held tomorrow.  It will commence at 9AM in Central Park and will continue at the Brandon Fire Station.  

Keith Arlund reported the sprinkler and carpentry contracts are in place for the town hall. The initial work has commenced on the system.  The architect will be doing additional work on the plans for the alarm system.  He stated they are also seeking and have received one price on the connection to the municipal system, in conjunction with the Fire Department. He noted they will be seeking competitive pricing and more information will be provided to the Select Board.

Mr. Arlund reported he sent a final notice letter to the delinquent tax payers and several people have contacted Anna Scheck to set up payment plans. He stated hopefully this effort will proceed over the next couple of weeks to reduce the number of people to be taken to tax sale.

Richard Baker noted with regard to VT Tubbs, we have emphasized the town is going to do everything within our authority to protect the fiduciary interest and to do anything we can do to facilitate their thinking. Mr. Baker stated there has been some misunderstanding concerning the earlier credit items that included the revolving loan fund and the funds from REDC. He noted none of the funds have been distributed to the old VT Tubbs and the money is still secure within the agencies.

Mitch Pearl stated with regard to the sprinkler system, the work did begin this morning and it will take three to four weeks to complete, followed by the electrical work and connections. This will get the town hall compliant and able to be opened again.  

5.  Education Update

Kellie Patten noted school is out for the summer and August 26^th will be the first day of school for next year. 

6.  Citizen's Public Forum

There was no discussion held.

7.  Public Works Report

Tom Schmelzenbach noted some of the purchase orders forthcoming for review will include tree removal.  He stated for the board's information, on West Seminary there is a sewer break that affects the playground and there is something in place to repair this in early July. He also advised the item brought to their attention by the person whose driveway flooded out will be repaired. They will also be pursuing shimming pavement beyond the town hall, as well as some areas of McConnell Road. Mr. Schmelzenbach has discussed this with several paving companies and he will be bringing this to the Town Manager for consideration. He noted there has been discussion concerning the section of sidewalk on West Seminary due to the bank construction and he is pursuing pricing for doing some work in bringing the curb up and reconstructing this area. Mr. Schmelzenbach reported the roof on Estabrook Park's facility is in a state of disrepair and he will discuss the possibility of a new roof with the Town Manager.  He has also developed a scope of work for the Park and Ride Project to provide site lighting.  He has a right of way permit from the state and this project is moving along and will be constructed for the amount of grant. On June 26^th at the Brandon Rescue Squad building there will be a meeting to discuss bridge alternatives for Churchill Bridge. Mr. Schmelzenbach also reported he has been making preparations for brush cutting and tree removal. He has also had a number of requests to install speed limit signs in Mt. Pleasant and he will bringing this item before the Select Board at a later date.  Bill Hatch questioned what the square footage was for the roof at Estabrook Park, as he saw a figure that looked high for an estimate. Mr. Schmelzenbach was unsure of the square footage; however, he will be sure that he has a proper figure to compare the quotes. Richard Baker stated there is a standing seam metal roof on the car wash and he questioned if it could be reused for the Estabrook Field. Tom Schmelzenbach stated he will look into this. Richard Baker stated perhaps the bank would donate this item for this purpose. Mr. Baker also noted perhaps it could be a community service project to dismantle it and install it at the park. 

Mitch Pearl questioned when construction will begin on the Park and Ride. Tom Schmelzenbach stated in the future he will ask the board to make a selection on a light style and he would like to have a discussion about access to this area during construction, as it will be done this year. 

Bernie Carr stated Richard Baker and Bruce Brown attended the last Chamber meeting and discussed, among other things, the Backyard Project.  He stated the Chamber was asked to look at changing the design of this project. The Chamber feels a lot of changes have happened and Sarah Patis had some concerns with the current design. Mr. Carr provided the Select Board with a rough sketch for the board's consideration. He stated the Chamber will discuss it further at their next meeting. Mr. Carr noted they also discussed sidewalk paving and work. He stated that many years ago there was some paving done, but the Chamber will be coming up with some ideas on some quick fix paving, as an interim fix until the Route 7 Project is completed and they will discuss this with the Select Board. 

Tom Schmelzenbach stated he did obtain pricing for sidewalk repairs, as an interim between now and the Route 7 Project. He will be providing this information to the Select Board for consideration and once the encumbered monies are determined, he will have a conversation with the Town Manager. He noted this goes hand in hand with the shimming pavement. Bruce Brown stated he assumes the ramp way is included as part of the Backyard Project and it was noted this was not included. Richard Baker stated this suggestion is not ADA compliant and this does have to be taken into consideration, as it is using federal funded monies. Bernie Carr stated this proposal is scaled down quite a bit, as some of the proposal seems to be overkill. It was noted the Select Board will review the suggestions of the Chamber and further discussion will take place.  

8.  Committee Reports/Announcements

Richard Baker stated he had misinformed the public at the last select board meeting, as the Rutland Regional Transportation Council meeting was actually last Thursday and there will not be a meeting this week.  He stated an item discussed was bulk purchasing of road ice, control chemicals, salt, etc. He noted they discussed what is happening in the outside world relative to this subject, as we need to review the standards of highway maintenance due the diesel fuel costs. He noted the town may not be able to deploy our equipment immediately during a snow storm. There will need to be dialog between Emergency Management, Public Works and the Select Board due to the escalation of the cost of materials.  Sometime in the fall, the Transportation Council will be discussing this on a regional basis and the public expectations of the roadway maintenance in the winter will need to be modified. Mr. Baker noted the Swedes and Norwegians can drive their cars and they do not plow down to the pavement on their roads. Mr. Baker does not feel there is enough money budgeted to make it through the winter and there will need to be discussion on the level of standards and maintenance. 

Bernie Carr stated he agrees with Mr. Baker, but forewarned is forearmed, and the public should be advised of what decisions have been made on the maintenance prior to winter. 

Bruce Brown reported there has been another successful tree sale by the Tree Committee, with the first shipment arriving last week. He also noted the Committee is ready to spend the money the Governor provided the town for trees, with bids having been sent out and only one response received back.  Mr. Brown noted it is less than $5,000.00 and the town needs to either commit or purchase the trees by July 1^st.  He noted Mary Cliver will be contacting Mr. Arlund to discuss this issue, as some sites have been chosen for planting.  

9. Update on Town Strategic Planning Effort

Keith Arlund stated there is no specific report, but the comments on diesel and heating oil will directly impact operations.  Richard Baker stated there will be more discussion on this before we get through the fiscal year.  

10.  Old/Other Business

Mitch Pearl questioned the status of the generator situation. Keith Arlund reported he has been in negotiations with Brookfield Services. The two generators the town owns have become troublesome and expensive to repair. He stated the vendor has agreed to buy the surplus generators as is, for the value the town paid for the surplus property in the amount of $8,000.00. Mr. Arlund noted he preserved as much of the investment as possible and he regrets they were unable to be used. The project cost will be able to be maintained for about $44,000.00. There is a $12,000.00 grant from the state and efforts will be made to secure other funding to try to minimize the impact. The project will move forward, with a completion date scheduled for August 31^st, which is the deadline for the emergency management grant.

Richard Baker stated there are multiple boards that have terms that have expired or will expire on June 30^th. He stated a list should be summarized that includes openings for the Historic Preservation Committee, the Downtown Brandon Community Development Corporation, the Revolving Loan Fund Committee, the DRB, the Planning Commission and the Mosquito District. He noted we should take these programs seriously and fill the positions in a timely manner.  He stated perhaps one advertisement listing all openings to solicit letters of interest could be placed in the local papers. 

11.  Consider Amendment to the BLUO to Comply with FEMA Flood Hazard

Motion by Richard Baker/Bruce Brown pursuant to 24VSA, Section 4415, to adopt the interim bylaws amendment to Sections 8 and 11 relative to the hearing previously held this evening. The motion passed unanimously ' 4 to zero.

12.  Consider FY 08 Encumbrances

Keith Arlund stated that Anna Scheck has spent a considerable amount of time putting this together. This is based on revenue expense through the warrant approved tonight. He noted the board should consider targeting the full cost of the reappraisal. The board does not necessarily have to make a motion tonight. There are statutory funds that are also noted and there are current levels of funding at the various accounts. Mr. Arlund noted there had been a discussion on the sidewalks and the monies indicated have been reserved for actual sidewalk construction and could be available if the decision is made to go through with the interim repairs.  The final amounts are what is planned for the reduction of the tax rate and will come out of the total undesignated reserve. 

Richard Baker stated further review needs to be done on this item. He noted the town had redefined deferred revenue for the Recreation Department for items such as the Swim Program that is collected, but not completed until after July 1^st.  The Jingle Bell Jaunt has deferred revenue; however, this is not deferred revenue and is not a legal encumbrance.  He noted we have abridged Vermont statutes once previously and we recognize certain programs that we collect prior to June 30^th, but for programs that have been completed, it is not a deferred revenue or encumbrance. Kellie Patten stated the Wrestling Program is going to need some items and the fee charged includes those long-term costs; therefore, the program would show a profit, but some of the profit is being spent on the program. Mr. Baker stated this item should be discussed further. Keith Arlund noted these are all items that are part of the revolving recreation fund that is outside of the general fund for program activities and perhaps deferred revenue or encumbrance are not correct titles; but the revolving fund has had a positive balance for several years. He stated it does not have any impact on the tax rate. Richard Baker stated there is an impact as the Select Board had agreed to retain a full-time Recreation Director. The tax payers pay the Recreation Director's salary and the activities are supposed to support themselves. Kellie Patten questioned if we are making sure when we collect the non-resident additional fee that it goes to offset the Recreation Director's salary. Anna Scheck stated all fees go into the revolving fund. Richard Baker questioned the budgeting for sidewalks and Anna Scheck stated it was budgeted last year, however, that went to making the bond payment. Keith Arlund stated we generally budget $10,000.00 per year and we have $30,000.00. Mr. Baker stated we have just approved an amount for gravel and stated just because we have balances, perhaps we should be transferring some of these balances for diesel fuel and heating oil. Bill Hatch stated he would agree with that encumbrance and also noted items need to adhere to the definition of an encumbrance. Mr. Hatch questioned if heating oil bids have been reviewed. Mr. Arlund stated he could not get a fixed price from anyone and it was suggested by the dealers to wait, as they are hoping the federal government will do something about this issue. Mr. Arlund noted for any monies not encumbered, they would be included in the reconciliation and become part of the undesignated reserve.  He stated it is not necessary for the monies to be reserved for a particular line item; however, they used some general line items denoted in previous years.  It was a consensus of the board to further review the encumbrances prior to approving them.

13. Consider Ratification of Union Contract - July 1, 2008 to June 30, 2011

Motion by Richard Baker/Bruce Brown to ratify the three-year new contact from July 1, 2008 through June 30^th, 2011 and to authorize the Town Manager to make some minor clerical edits. The motion passed unanimously- 4 to zero. .  

Richard Baker stated he assumes we will have evidence that the union has ratified the document. Keith Arlund stated he does have an email from the union indicating they have ratified the document. 

Motion by Richard Baker/Kellie Patten to enter into executive session at 8:00PM for the purposes of discussing litigation and personnel matters. The session is to include the Town Manager and the Police Chief. The motion passed unanimously - 4 to zero.

14.  Executive Session

The board came out of Executive Session at 8:43PM.  

Motion by Richard Baker/Mitch Pearl to ratify the settlement agreement proposed by the VLCT-PACIF and its attorney in the matter of Anderson vs. the Town of Brandon in the amount of $10,000.00 with the understanding the only liability to the Town is the $500.00 deductible. The motion passed. Mr. Baker voted "present" and Ms. Patten voted "no."

15. Adjournment

Motion by Richard Baker/Bruce Brown to adjourn the Select Board meeting at 8:50PM.  The motion passed unanimously - 4 to zero. 

Respectfully submitted,

Charlene Bryant

Recording Secretary