Brandon Select Board
Meeting
July 14, 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, Tom
Schmelzenbach, Bob Kilpeck, Raymond Reed, Phyllis Reed, Gordon Dritchill,
Mei Mei Brown
1. Call to order
The meeting was called to order at 7:01PM by
Chair – Bill Hatch.
a)
Agenda Adoption
- Motion by Richard
Baker/Mitch Pearl to adopt the agenda as written.
The motion passed unanimously - 3 to zero.
2. Consent Agenda
a)
Approval of Minutes
-
June
23, 2008 - Select Board Meeting
-
June
23, 2008 - Sewer Commissioners Meeting
-
June
23, 2008 - Select Board Hearing
-
June
26, 2008 - Select Board Special Meeting
-
June
30, 2008 - Select Board Special
Meeting
Motion
by Mitch Pearl/Richard Baker to approve the minutes of June 23rd,
June 26th and June 30th as noted above.
The motion passed unanimously - 3 to zero.
b)
Consider Appointments
i)
Development Review Board (2 Positions)
Motion
by Richard
Baker/Bruce Brown to reappoint Alyssa Cutter and John Peterson as the
Representatives to the Development Review Board for a term beginning July 1,
2008 through June 30, 2011.
The motion passed
unanimously - 4 to zero.
ii)
Planning
Commission (2 Positions)
Motion
by Richard
Baker/Bruce Brown to reappoint Matt Carmoli and Lynn Saunders as
Representative to the Planning Commission for a term beginning July 1, 2008
through June 30, 2011.
The motion passed
unanimously - 4 to zero.
Mitch Pearl questioned whether Matt Carmoli
wished to continue on the Planning Commission and Keith Arlund advised he
has spoken to Ethan Swift concerning Mr. Carmoli and for the purposes of
continuity, Mr. Carmoli will be appointed until such time he wishes to
resign.
c.
Consider Neshobe School/SOAR Parking Space Closure
Motion
by Kellie Patten/Richard Baker to approve the Neshobe School/SOAR parking
space closure. The motion passed
unanimously - 4 to zero.
Keith Arlund stated the request is similar to
what occurs during the parade where the parking area will be marked off.
There has not been a request for a full road closure. Mr. Baker noted once
Segment 6 of the Route 7 project is complete, this area will become a
municipal parking lot and any activities that take place in the park can be
extended without the need for a road closure request.
d.
Consider 2nd Grand List Extension Letter
Motion
by Mitch
Pearl/Kellie Patten to authorize the Town Manager to send a letter to the
Director of the Division of Property Evaluation requesting an extension due
to the incompletion of the grand list.
Richard Baker questioned what the implications
are concerning this delay and when the bills will be mailed out. Keith
Arlund stated he has spoken to the audit firm concerning this issue and he
will confirm the information this week and will advise the board. He was
advised they are about three weeks behind schedule. Mr. Baker questioned if
the liquidated damages of $100.00 per day has begun and Mr. Arlund noted
this is a product of the contract.
The motion passed
unanimously- 4 to zero.
3. Fiscal
a)
Warrant - June 30, 2008 - $53,922.23
b)
Warrant - July 14, 2008 - $57,490.10
c)
Warrant - July 14, 2008 - $26,349.25
d)
Consider Salaried Employee Wages
Motion
by Richard Baker/Kellie Patten to approve the warrant of June 30, 2008 in
the amount of $53,922.23. The motion
passed unanimously - 4 to zero.
Richard Baker stated this was a reduction due
to one of the vendor's invoices and he noted the adjustment is indicated in
the figures provided tonight.
Motion
by Richard Baker/Bruce Brown to approve the warrant of July 14, 2008 in the
amount of $57,490.10. The motion passed
unanimously - 4 to zero.
Richard Baker noted for a point of
clarification that there is $3,500.00 that is actually an encumbrance and is
a 2007/2008 invoice.
Motion
by Richard Baker/Kellie Patten to approve the warrant of July 14, 2008 in
the amount of $26,349.25. The motion
passed unanimously - 4 to zero.
Richard Baker noted that Vermont was voted the
38th most desirable state to do business in for 2007, however,
the state was ranked 4th from the bottom with regard to the cost
of doing business. He stated the town is paying $42,000.00 per year in
workers' compensation premiums and this is part of the reason why companies
find it difficult to do business in this state.
Motion
by Bruce
Brown/Kellie Patten to approve the 2009 wages for salaried employees of the
Town of Brandon.
Bill Brown noted a listing of the current
employees and suggested salaries for the coming year were provided for
consideration.
The motion passed
unanimously - 4 to zero.
4. Town Manager's Report
Keith Arlund stated he can report that
progress is being made with the water connection for the town hall sprinkler
system. He has met with Chief Kilpeck and he noted the system can be tested
through an external source. This will be coordinated with Chief Kilpeck and
the Dunmore Hose Company and it should satisfy the state's requirements.
There may be some issues or a change order for the sprinkler installation.
Mitch Pearl reported there may be some additional sprinkler heads added to
the system. Keith Arlund also noted he has met with the property owners and
he will need to discuss some contract issues with the board during executive
session.
Mr. Arlund reported the Brandon Independence
Day celebration was again a success. He wished to thank Kellie Weigan-Yunker,
Parade Coordinator, Chief Brickell and the Brandon Police Explorers for
their efforts in make the celebration a success.
Mr. Arlund reported the final budget has been
filed for the Governor's tree grant, which is the funding that was received
after the 2007 storm.
Keith Arlund stated he will be following up on
the issue of Earth Waste System instituting the recycling of boxboard. Mr.
Arlund has spoken with Mr. Elnicki and he will make sure that this happens.
5. Education Update
School is out for summer vacation.
6. Citizen’s Public Forum
Raymond Reed stated he would like to commend
the board for their service as it is a thankless job. He stated he was at a
meeting about 6 weeks ago with a problem with his front yard where the town
had dug it up on High Street. He wanted to handle this situation in a way
that he did not cause any problems. Mr. Reed had brought the situation to
Tom Schmelzenbach's attention and he was advised the situation was a matter
for the Water Department. That department fixed the part that was their
problem and he spoke again with Mr. Schmelzenbach who stated he would review
the situation again and in doing so, advised Mr. Reed that he felt the lawn
would grow back. Mr. Reed stated he is not happy with it and he called Mr.
Schmelzenbach again and expressed his displeasure. Mr. Reed also visited
the town office and stated his displeasure and was advised that the
situation would be taken care of. Mr. Reed stated three weeks went by and
nothing had been done. He noted on his initial visit, he was told this
problem would be taken care of. Mr. Reed stated he came to another board
meeting and voiced his displeasure again; and was again told this would be
taken care of. He stated it has now been another two months and he had made
his request in early spring in hopes of getting this resolved before the
department got busy with summer work. Mr. Reed stated he has been told
numerous times that this problem will be taken care of and nothing has been
done. He stated he has been in the retail business for 35 years and he
noted when you work with the public, you must go out of your way to make the
customer happy. He stated the Public Works Department has to deal with the
public and rather than making their customer happy, he feels they have gone
out of their way to make him unhappy. Mr. Reed stated he is now angry and he
does not like being told that something is going to be taken care of, and
then nothing being done to resolve the problem. Mr. Reed stated he wanted to
visit one last time to let the Select Board and Tom Schmelzenbach know how
he feels. He stated he has worked very hard for two years to get his lawn
the way he wanted it.
7. Public Works Report
a)
Consider Estabrook Park and Ride Contract
Motion
by Richard Baker/Kellie Patten to authorize the Town Manager with
sign the contract with Getcha Bros. Excavating for an amount of $15,795.00
for site work for the Estabrook Park and Ride.
Tom Schmelzenbach stated this is work in
connection with the grant that Mr. Arlund received for this project. He
looked at a number of options and he has received half of the grant funds.
The proposal, as presented, will allow the town to do the project. The site
lighting portion is not included in the information provided and Mr.
Schmelzenbach is confident the project will be done with the funds
remaining. Previously when he discussed this with the Select Board, there
was discussion about temporary access during construction. The parking lot
is not a conflict, but there will be a time when it will be easier to detour
via a new road by the McKernon establishment. Mr. Schmelzenbach stated it
would be easier to detour to stay away from the construction and he feels
this is advantageous for the town. Bruce Brown stated hopefully it will be
down lit and it is engineered so that neighbors will not be impacted by the
lights. Tom Schmelzenbach stated the vendors are aware of the ordinance and
that was one of the concerns brought up. Mr. Schmelzenbach stated he will be
bringing the fixture types before the board for their selection and
approval. He noted there will be some trenching done, as the electricity
will be brought from the building. Mr. Schmelzenbach stated the road to be
used for the detour is still town property, however, out of courtesy, he
will be coordinating this with the McKernon Group. He noted the detour may
not be required; however, this will be determined based on the work at that
time.
The motion passed
unanimously - 4 - zero.
b)
Consider Gravel Contract/Purchase Order #50763
Motion
by Richard Baker/Mitch Pearl to approve P.O. #50763 to Markowski’s for
gravel requirements for the upcoming fiscal year, with a cap of $45,000.00.
The motion passed unanimously - 4 to
zero.
Richard Baker stated part of the gravel is for
regular highway work and part is for infrastructure. Tom Schmelzenbach
stated in the copy for signature there is the information on the bid. He
noted part is for the Pearl Street work, which is funded by bond money and
the remainder is for the needs of the gravel roads.
c)
Consider Contract Amendment #1 (Maple/Union Street Sidewalk Design)
Motion
by Richard
Baker/Mitch Pearl to approve Amendment #1 to the Maple/Union Street Sidewalk
Design contract. The motion passed
unanimously - 4 to zero.
d)
Consider Town Hall Sprinkler Connection Contract/P. O. #11711
Motion
by Richard Baker/Bruce Brown to authorize the Town Manager to enter into a
contract with Getcha Brothers Excavating for $8,087.00 (P. O. #11711) to do
the town hall sprinkler connection, which is subject to any further
direction the Select Board gives to the Town Manager during the executive
session. The motion passed unanimously -
4 to zero.
e)
Consider Road Sale Purchasing Collaborative Agreement
Keith Arlund stated this item is only
informational at this time. He will not ask for any action tonight, however,
he wished to advise the board that he has been working with the Rutland
Regional Planning Commission for Rutland County on this subject. The Vermont
League of Cities and Towns has also been coordinating an effort state wide.
He has learned today via an email from the League that some of the vendors
serving District 3 may be extending the state pricing to the towns, but
without a delivery guarantee. The League had asked the town to sign on
before the 25th, however, Mr. Arlund is hopeful that something
can be worked out with the vendors who are in the Rutland County Region. He
will advise the board if there is a need to join the collaborative effort,
however, the situation seems to be working itself out. He noted the town
does not have as much need for salt as some other towns do, however, he will
keep the board posted on this item as it progresses.
Tom Schmelzenbach stated he is sorry that Mr.
Reed feels the way he does. He had instructed his crew to reseed and mulch
Mr. Reed's lawn in the early spring. He will review the situation again
tomorrow and find out what the specific issues are and he will make every
effort to correct the situation to Mr. Reed's satisfaction. He noted there
is some roadside drainage and if it needs to be hand raked again, he is
willing to make sure that it happens. Mr. Schmelzenbach stated he is sorry
that Mr. Reed has the impression that he has not given it his utmost
attention. Mr. Reed stated he would like to thank Tom for what he has done
and hopefully this situation can be taken care of.
Tom Schmelzenbach also provided the board with
two additional items for their consideration. Bruce Brown questioned if it
is Tom's opinion that any future road takeovers will be according to the A76
Standards. Mr. Schmelzenbach stated this is correct and he noted the
developer understands this and it will be up to the board to decide whether
to approve a road to be taken over by the town. Mr. Baker stated we have
taken over inadequate roads in the past, but if this new section of road
does not meet the standards, it will be required to do so. Tom
Schmelzenbach stated there are some recommendations that have been made
prior to taking over this road.
8. Committee
Reports/Announcements
Kellie Patten stated one section of baseball
has ended. The Major League Tournament was held in Proctor, with the
Brandon/Pittsford All-stars taking 4th place. Babe Ruth and
Major softball are still on-going. Swimming lessons have started and are
going very well.
Mitch Pearl reported the sprinkler system
project in the town hall is underway. They are still installing the fire
suppression system and the contactor has identified some additional areas
that need sprinkler heads. Mr. Pearl noted the additions will be made,
however, this will not cause a delay in the project. He noted the connection
to the water main is the major issue and this involves doing a live tap,
which will be done as expeditiously as possible. Mr. Pearl stated the Getcha
contract approved earlier in the meeting is for doing this work.
Richard Baker reported the July meeting of the
Rutland Regional Transportation Council will be held in August. Mr. Baker
noted that one should not believe everything they read. He stated that he
was recently quoted as saying that relative to the Vermont Tubbs operation,
“The town could reduce the taxes to zero and the electricity to $5.00 per
month”, however, the end of the sentence should have read, “but it would not
do any good as the state taxes are so high.”
Bruce Brown reported the feral cat yard sale
will be taking place this Saturday from 9AM to 1PM in the park.
Keith Arlund questioned whether there will be
a change order completed for the additional sprinkler heads for the town
hall. Mei Mei Brown stated she will speak with Blane Cliver and advise Mr.
Arlund of what will be done. She stated the additional charge will be
$2,700.00.
Richard Baker reported that next Tuesday, July
22nd, will be the 20th Brandon Chamber of Commerce
"Great Brandon Auction." The tents will be left up from this event, as the
SOAR Program will be having a festival in the park on the following
weekend.
9. Update on Town Strategic
Planning Effort
Richard Baker stated that imbedded in the
goals are fully engaged Citizen Boards and the town has had a problem over
the years where the positions are advertised and if interested, individuals
are to contact the town office. It has occurred to Mr. Baker that there is
nothing that explains what the underlying authority is for each of the
boards and he suggested providing a short synopsis of each and placing it on
the town's web site. Mr. Baker volunteered to do the write-ups and stated
he would circulate them for editorial comments prior to publicizing.
Bruce Brown advised that at a recent Chamber
of Commerce meeting he attended, he volunteered that a member of the Select
Board would attend their meetings. He noted that usually their meetings fall
on the same night as the second Select Board's monthly meeting, however,
their meeting begins at 6:30PM. It was noted that someone from the Select
Board could attend the beginning of the Chamber meetings to determine if
there are items that need to be discussed at the Select Board meeting.
10. Old/Other Business
Mitch Pearl questioned the status of the
generator. Richard Baker stated we approved a deposit on a generator and it
is in the works. Keith Arlund stated he has been in weekly communications
with the vendor. The vendor was recently on site and has come up with a
revised plan that will include a steel accessory building that will house
the generator. Mr. Arlund stated the project is on target for completion.
Richard Baker stated there seems to be a
misunderstanding among the public that Mr. Jakiela is the temporary Zoning
Administrator, but he is only the acting Zoning Administrator. It was noted
in the absence of Mr. Jakiela, there may be the need for an alternate acting
Zoning Administrator, which brings the board to the issue of what is being
done to procure the services of a permanent Zoning Administrator. Keith
Arlund stated he has revised the previous ad and he intends to communicate
with the existing people. Richard Baker stated when the Planning Commission
met, they suggested the position be readvertised and he noted they were to
make suggestions for qualifications. Keith Arlund stated he has not had any
comments from the Commission, however, he will contact them. Mei Mei Brown
stated when Mr. Jakiela was appointed, he had asked Ms. Brown to submit her
name as acting alternate. She noted that she would be willing to do this as
an interim measure. Richard Baker stated we need to have a suitably
appointed person in the position and Mr. Arlund advised the Zoning
Administrator’s position is clearly defined in the statues and there is
little flexibility in the job description. He stated he is looking at the
arrangements for the central office position and there has been discussion
about having a Business Manager/Accountant. There is a draft description
that would also include some of the Zoning Administration duties. He noted
it is the Planning Commission who recommends the appointment. Mr. Arlund
stated it has been difficult to rearrange the front office, however, he is
working on this matter and will keep it as his goal for the short term
future. Richard Baker stated the entire notion of the Planning Commission
recommending a Zoning Administrator does not apply in most communities.
When the DRB format was defined, the Planning Commission has no role except
to design the town plan, however, until the statutes are changed, they need
to be followed.
Richard Baker stated the land use ordinance is
clear that RV's and other motor homes are not accessory structures and are
not for routine habitation. He noted if someone has visitors, it may be
permissible to use these items for around 20 days and any advice to a
property owner to submit an application is flawed at the least. Bruce Brown
stated it could be an interpretation of the Select Board that this was the
intent and if it is not clear, we may need to amend the ordinance. Mr. Brown
stated there should be another code that indicates one cannot use a motor
home as a permanent residence. Mr. Baker noted that a property owner should
be able to read the ordinance and clearly understand it, however, there
seems to be a major disconnect that he is missing. Mitch Pearl stated the
reason we have a Zoning Administrator is so the Select Board is not involved
in specific applications and it would be improper to take a position on a
specific pending application. This discussion should be a reaffirmation from
the Select Board that an RV is not an item that can be used as a permanent
residence. Mr. Pearl noted whoever the Zoning Administrator is, they are
human and there are going to be questions. Mei Mei Brown stated there had
been a prior variance request before the board and it had been denied. The
ordinance was interpreted that this type of structure is allowed to be used
on a property for a maximum of 21 days. Bruce Brown stated the revised
ordinance states those items cannot be used as a permanent accessory
structure. It is unsure what the current revision indicates, but that is
what the proposed ordinance indicates. Mr. Baker stated he is concerned
about how the property owner is being steered with this particular permit
application. Bruce Brown stated perhaps the Town Manager should talk with
the Zoning Administrator about this item. Keith Arlund stated he did
correspond with him and he stated we respectfully disagree with the
interpretation. Mr. Brown requested the Town Manager express the board's
concern to the Zoning Administrator.
Richard Baker wished to extend “Happy
Birthday” wishes to Mr. Arlund, who will be celebrating his birthday
tomorrow.
Motion
by Bruce Brown/Richard Baker to enter into executive session at 8:05PM for
the purposes of discussing real estate and personnel. The Town Manager is to
be included in the session. The motion
passed unanimously - 4 to zero.
11. Executive Session
The board came out of Executive Session at
8:50PM. There were no actions required.
15. Adjournment
Motion
by Richard Baker/Bruce Brown to adjourn the Select Board meeting at 8:52PM.
The motion passed unanimously - 4 to
zero.
Respectfully submitted,
Charlene Bryant
Recording Secretary
