Brandon Select Board Meeting

August 11, 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, Tom Schmelzenbach, Lee Kahrs, Gary Kessler, Chris Brickell, Bob Kilpeck, Jim Leary, Linda Stewart, Debbie Wing, Norm Milot, Tim Kingston, Mr. Benoit, John Molton

1.  Call to order

The meeting was called to order at 7:00PM by Chair  Bill Hatch.      

a) Agenda Adoption - Motion by  Mitch Pearl/Richard Baker to adopt the agenda as written. The motion passed unanimously - 4 to zero. 

2.  Consent Agenda

a) Approval of Minutes - July 28, 2008 - Select Board Meeting

b) Appointment Voting Delegate for Town Fair

Motion by Kellie Patten/Mitch Pearl to approve the minutes of the July 28, 2008 Select Board meeting with the following correction. The motion passed unanimously - 4 to zero.

A correction concerning the upcoming Town Hall event; the notes should reflect Vermont Sketches and not the Taste of Vermont. 

Motion by Kellie Patten/Bruce Brown to appoint Richard Baker as the Delegate to the Town Fair.  The motion passed unanimously -  4 to zero.

3.  Fiscal

a)  Warrant - June 30, 2008 - $31,105.15

b)  Warrant - August 11, 2008 - $124,286.33

c)  Warrant - Sewer Loan Repayment - $16,550.00

Motion by Kellie Patten/Bruce Brown to approve the warrant of June 30, 2008 in the amount of $31,105.15. The motion passed unanimously - 4 to zero.

Motion by Mitch Pearl/Kellie Patten to approve the warrant of August 11, 2008 in the amount of $124,286.33.  The motion passed unanimously - 4 to zero.

Motion by Kellie Patten/Richard Baker to approve the warrant for the sewer loan repayment in the amount of $16,550.00.  The motion passed unanimously - 4 to zero.

4.  Town Manager's Report

Keith Arlund noted the Friends of the Town Hall have received approval from the VT Department of Public Safety that will allow the Vermont Sketches program to be held at the Town Hall.

Mr. Arlund reported the draft findings have been submitted to the Act 250 Environmental Committee for the Route 7 Segment 6 project.

Mr. Arlund stated the recent rain and flooding is being considered by FEMA and the town is tracking the cost of the damages. The Fire District had one stream crossing rupture and they are working towards finding a solution to that issue.  The Vermont Emergency Management people were alerted.

Mr. Arlund reported the listers have provided a schedule and will be conducting informal meetings. There is one unknown as to how long it will take the state to recalculate the CLA.

Mr. Arlund reminded the Select Board he would be away from August 21^st through August 29^th. 

5.  Education Update

Kellie Patten reported the first day of school is scheduled for August 26^th. 

6.  Citizen's Public Forum

Norm Milot stated there is a lot of the expansion in the concrete slabs and the traffic is causing his house to vibrate. He would like to see something done about this situation. He also noted he is getting a lot of wastewater in his driveway that is causing a lot of erosion.

Gary Kessler, Organizer of the Green Mountain Stage Race, was present to request the Select Board's permission for the race to be rerouted through the Brandon area. The Middlebury Gap route washed out and VTrans suggested going to Plan B.  The thought is to use the Brandon Gap and Mr. Kessler noted the state is fine with using the state highways. There are 850 riders in 11 fields and each field is lead by a state trooper. The race would take place Sunday, August 31^st and is insured through the USA Cycle Association. The racers would be coming through in the morning and they would come off the Brandon Gap and through Brandon. Mr. Kessler will be discussing with the Brandon Police as to the safest way to go. They would be coming through around 9:30AM, with the last riders through around Noon. Signs would be put up a week before the race and there would be police at all intersections. Mr. Kessler noted this is offered to the local police first, with additional assistance from the Rutland Sheriff's Department. Mr. Kessler has communicated with each town and he does have approval for the race from the other towns. Chris Brickell noted that Town Farm Road may be an easiest route for them to take. Mr. Kessler stated he would be glad to put something in the local papers and will also contact the local ambulance service. It was noted the town will need a copy of their insurance certificate and Mr. Kessler noted he would supply this information to Mr. Arlund.   

Jim Leary stated he is concerned about the hiring procedure for the permanent zoning administrator.  He is also concerned with the proposed amendments to the land use ordinance and town plan, as well as the issue of a couple of Board members' improper involvement in a zoning decision. He noted there is a grave appearance of impropriety and this is not in the best interest of the municipal government. Bill Hatch stated his comments are genuinely appreciated. 

Linda Stewart stated she has not seen the position of the zoning administrator advertised in the local papers.  It noted this was advertised in the July 24^th edition of the Rutland Herald. Ms. Stewart stated she hoped it would appear in the local papers so that someone local could apply for it. 

John Molton commented that he likes the paving on Pearl Street, but he would like to be able to access all of his property so that he can maintain it. He has spoken to Tom Schmelzenbach and he would like to know if there is an access going to be done. Tom Schmelzenbach stated they will provide an access. Mr. Schmelzenbach noted they expedited the road project to take advantage of a paving opportunity and there are a number of driveway matches that need to be done, as well as the shoulder work. He noted the contractor was back today and did some cleanup work and Mr. Schmelzenbach is pleased with the work completed.

Tim Kingston, resident of 867 Pearl Street, stated he is a little disappointed with the town, specifically the Public Works Department, as they had an agreement to provide him a large amount of fill for his property and it fell short of his expectation. He noted several calls were made to Tom Schmelzenbach. He stated he works for a municipality and he feels this situation was sorely handled and he wants to know if there is any resolution. Mr. Kingston stated he cannot afford to buy more fill. Bill Hatch stated the Board was not aware of this situation and it will be reviewed.  

7.  Public Works Report

a) Consider No Parking ' West Side Grove Street

Tom Schmelzenbach stated his department did some work to facilitate drainage, but it is a tight spot to work in. He noted there is a problem when cars park adjacent to the road, as it disturbs what has been done. It was suggested to have a "No Parking" zone in that area. He stated to his knowledge all adjacent properties have driveways and he brings this before the Board for consideration. The work recently completed will be disturbed and will recreate the problem, as the road is higher than many of the driveways and it is a problem that cannot be readily fixed. The area includes the stretch from the intersection of Route 73 to just before McDonald's.  Tom Schmelzenbach stated the configuration will be much different with the completion of the Route 7 project, as the road would be lower and there would be a four foot shoulder that would not allow street parking. There would also be a raised curb. Richard Baker stated this would involve an amendment to the ordinance. Bill Hatch stated a starting point would be to contact the people that would be using this area to obtain their opinions. Mitch Pearl stated if it turns out the response is favorable, he suggested Mr. Schmelzenbach provide an amendment to the ordinance for the Board's consideration.

b)  Consider Churchill Bridge Alternate Selection

Tom Schmelzenbach provided the Select Board with alternatives to consider for the Churchill Bridge.  He stated all of the bridges would be a similar configuration and the options that were selected for review cost about the same.  Mr. Schmelzenbach had provided the Board an engineering report that included some cost estimates.  Following the meeting, he asked the designer to prepare a report on the load rating and how the wing walls would be constructed. Mr. Schmelzenbach requested the board choose a design to enable him to notify the designer to continue with the process. There were four alternatives and Mr. Schmelzenbach suggested using Alternate C, which is a deck and cast substructure.  There would be an option to build the wing walls out of a timber product similar to Kennedy park.

Motion by Richard Baker/Kellie Patten to direct Tom Schmelzenbach to proceed with Alternate C with the wing walls.  The motion passed unanimously - 4 to zero.

Tom Schmelzenbach reported Estabrook Park and Ride is under construction. He is in the process of putting together pricing for sidewalk repairs. The main paving on Pearl Street is complete and the shoulder work will be commencing.  He also noted that Public Works will be assisting with the Neshobe School generator in preparing a concrete pad for the housing of the unit.

Mr. Schmelzenbach stated the storm damage was not as severe as some of the neighboring towns.  Some residents were impacted by the Neshobe River overflow and the town provided assistance.  Those costs are being tracked by Mr. Schmelzenbach. 

Kellie Patten asked about the bridge over the Neshobe. Tom Schmelzenbach stated if funds become available to assist with repairs, it is being considered to combine the road and the water main repairs. He has had a discussion with Ray Counter to hang the water main from the bridge to eliminate a crossing under the bridge. He noted Ray Counter would be a better resource to discuss the water main repair, as he does not know the time frame. Mr. Schmelzenbach stated there is discussion about the Spring Pond Development and this may play in the possible projection of the needs of this project. Richard Baker stated the developer has already undertaken to upgrade that water line. He questioned if there is an update  on the sewer permits, as this was a bargaining piece for the Act 250 process and the town cannot upgrade its pump station without the participation of the developer. Keith Arlund stated he contacted the developer and indicated the contract for the design and takeover of the lines needs to be addressed. There has been no application or payment received for this project. Mr. Arlund will follow-up with a letter to the developer again inquiring the status of the sewer. 

8.  Committee Report/Announcements

Kellie Patten noted the Chamber Corn Event will take place on Wednesday in Central Park. 

Chris Brickell stated there will be a meeting at the Fire Station tomorrow evening from 7PM to 9PM to address the misconceptions about the registry and what the corrections piece is about.  There will be people from the sex offender registry, law enforcement and the state police present for the meeting.  

Mitch Pearl stated Vermont Sketches, a musical review that is staged and directed by Gene Childers, will take place at the Town Hall at 7PM on Saturday and at 2PM on Sunday.  Tickets are available at Carr's, the Bookstore and at the door.  Tickets will be $12.00 in advance and $15.00 at the door. All proceeds will go towards the town hall renovations.  

Mitch Pearl noted as part of the Corn Fest, Mango Jam will be playing that evening in the Park and at 5:45PM there will be dance lessons provided.  

Richard Baker reported there will be the combined July/August meeting of the Rutland Regional Transportation Council held in Conference Room 4 at the Rutland Regional Medical Center on Thursday, August 14^th beginning at 7:00PM. 

Richard Baker noted he has looked at the sprinkler installation at the town hall and it looks good. Mr. Arlund was questioned when the main would be tapped and he noted he is working on the issue, however, there is no update. 

9. Update on Town Strategic Planing Effort

There was no new information to report at this time. 

10.  Old/Other Business

a)  Review/Consider Town Investment Policy

Bill Hatch stated he suggested Mr. Arlund provide the current investment policy to the Board for discussion.  He suggests the Board study and review this information regarding the different types of collateral available to secure the financial holdings. There are three major types of collateral, with one being third party collateral. He suggested the Board review the different types of collateral, keeping in mind that third party collateral is the most secure and is the one that most municipalities use. 

Richard Baker stated this issue came up two years ago when we had the new outside auditor. Bill Hatch stated the environment and banking has changed since that time and he would like to determine if there needs to be any adjustments in the investment policy.  

b)  Review/Consider Town Facility Use Policy

 

Kellie Patten stated Mitch Pearl and she have been working on this policy and they hope to have a final draft at the next meeting. Keith Arlund included copies of what the VLCT  sent, as well as a copy of the rental agreement form alternatives to try to align the town's agreement. Richard Baker stated he believes a fee schedule should be established and in this case, the policy setting board sets the fees and they are not subject to amendment or waiver by those who administer the fees.  Mitch Pearl stated there would be a separate fee schedule. They will also recommend from the current draft specifics concerning the issue of alcohol. The Select Board can debate a set of specific criteria and the Town Manager can sign off on it. The committee also recommends there be different rental agreements that would be appropriate for different types of rentals. Bruce Brown questioned what the response should be to the B.A.G. and the Rotary for October. Kellie Patten stated it is the sub-committees' goal to have a draft for the Select Board at the next meeting. Richard Baker stated although he is not agreeable to any alcohol on town property; he felt it is reasonable that it will likely be permitted for these functions and could be reasonably anticipated. It was the consensus of the Board that this would be the case for those functions. Mr. Milot stated he has worked for catering services in the past and it is the responsibility of the caterer to provide liability coverage.   

c)  Consider Parking Space Easement

Motion by Richard Baker/Kellie Patten to authorize the Town Manager to execute the documents granting a permanent non-exclusive easement in back of Cafe Provence to William A. Brown and his heirs at 10 Park Street. 

Keith Arlund stated the request was made by Mr. Brown through the town office regarding the potential sale of this property, with an understanding the second story could be renovated like next door at the former Brown's store. Their intention is to reapply to the DRB, as it was disapproved due to the lack of parking.  This would provide the one space they need to comply to the current zoning.

The motion passed unanimously - 4 to zero.

Richard Baker stated that while we are in the neighborhood, we received a letter from Curtis Johnson concerning the Backyard Project. Keith Arlund stated we did receive a letter from Mr. Johnson indicating due to the apparent inactivity, they are considering canceling the project out. Mr. Arlund noted he spoke with Mr. Johnson and explained there is currently work being done on the right of way documents and there are amendments and corrections that were brought to the town's attention. The comments were passed on to Attorney Jim Carroll and Mr. Arlund will follow up on this issue.  He noted that he has received comments from Bill Morse of the Backyard Project that they are doing some investigation on the current alignment of the path. There has been discussion concerning the handicap accessible ramp between Kennedy Park and the municipal parking lot, as well as some other alignments. Mr. Johnson suggested Mr. Arlund write him a letter requesting reconsideration of this project. Mr. Arlund will contact Mr. Johnson next week.

Richard Baker stated the Board was either misinformed or not informed. There may be need for some corrected  deeds that were done and his intent was to authorize the Town Manager, in addition to the easement, to redo some of the deeds. 

Jim Leary stated he moved to Brandon eleven years ago and the Backyard Project was in existence at that time.  He has done some work with this project and he stated on behalf of the downtown merchants that this project should be completed. He feels that eleven years is an inordinate amount of time and the Chamber would be overjoyed to see this project come to fruition. 

Kellie Patten questioned if the RFP for an attorney has been resolved. Keith Arlund stated he is researching this item and will be providing a request for qualification. Mr. Arlund noted there will be information on this item in the next board packet. .

Motion by Richard Baker/Mitch Pearl to recess as the Select Board to convene as the Board of Sewer Commissioners at 8:10PM.  The motion passed unanimously - 4 to zero. 

The Select Board reconvened at 8:23PM.

Keith Arlund stated with regard to the VSP dispatch issue, Colonel Baker has responded to his letter, however, he is uncertain what the response means. Mr. Arlund stated they provided a 4-year-old study that does not have any meaning on this issue. Mitch Pearl stated we need to expedite the hiring of a new municipal attorney and we need to write another letter to the VSP.  Richard Baker stated our legislator has been asking for direction from the Select Board and he suggested contacting him concerning this issue.  Kellie Patten stated the Governor needs to be contacted concerning this issue. Bill Hatch stated our representative was copied on the letter sent to the VSP and the Select Board should contact him. Chis Brickell stated he has invited Representatives Flory and Acinapura to a meeting this Thursday. Richard Baker stated there are 21 towns that have no police protection and the VSP is carrying all of them. Our taxpayers have instructed the Select Board to build a good local police department, which is providing relief for the VSP and it is a disgrace to get this type of letter from them. It is now time to send a letter to the Governor and the Commissioner.  Mitch Pearl stated they have written this as a legal letter and he feels it should be answered in a legal manner. Mitch Pearl stated he did not feel there would be any help provided by the Governor as this is one way to say that they are cutting dollars from the state budget by pushing it downstream to the town. Kellie Patten noted that the town is not saying we do not want to pay for the service, but we want to be treated fairly. Bruce Brown stated he feels the Board should go both routes; the political and the legal avenue. Mr. Brown stated he will speak to Mr. Acinapura about this issue.

Keith Arlund reported he has talked to Earth Waste Systems and he sent some information to them. They are determining what to do concerning the box board issue.

Richard Baker reported a tax credit allocation in the amount of $200,000.00 was received for the sprinklers and elevator for the Smith Block.

Keith Arlund reported the fuel bids are still outstanding. The town has a credit left for diesel and have only received a floating price. 

Motion by Richard Baker/Bruce Brown to enter into executive session at 8:45PM for purpose of discussing a personnel matter.  The session is to include the Town Manager. The motion passed unanimously -  4 to zero.

11.  Executive Session

The board came out of Executive Session at 9:00PM.  There were no actions required.

12. Adjournment

Motion by Richard Baker/Bruce Brown to adjourn the Select Board meeting at 9:02PM.  The motion passed unanimously - 4 to zero. 

Respectfully submitted,

Charlene Bryant

Recording Secretary