Brandon Select Board Meeting

September 8, 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: Tom Schmelzenbach, Bernie Carr, Norm Milot, Ed Loedding, Ethan Swift

1.  Call to order

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

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

2.  Consent Agenda

a) Approval of Minutes - August 25, 2008 - Select Board Meeting

Motion by Mitch Pearl/Kellie Patten to approve the minutes of the August 25, 2008 Select Board meeting. The motion passed unanimously - 4 to zero.

Ed Loedding stated he had addressed a drainage issue in front of his house at a prior meeting.  He wished to thank both Tom Schmelzenbach and the Board for an exceptional job done. There have been a couple of wet months and Mr. Loedding reported the drainage system upgrade performed flawless. The paving job was also perfect and he thanked Tom Schmelzenbach and the Board again for taking care of this issue. Bernie Carr stated the downtown sidewalks also look great.

3.  Fiscal

a)  Warrant - June 30, 2008 - $208.00

b)  Warrant - September 8, 2008 - $50,352.35

c)  Warrant - September 4, 2008 Postage $2,000.00

d)  Warrant - September 8, 2008-Mosquito District $4,575.00

Motion by Kellie Patten/Mitch Pearl to approve the warrant of June 30, 2008 in the amount of $208.00. The motion passed unanimously - 4 to zero.

Motion by Bruce Brown/Kellie Patten to approve the warrant of September 8, 2008 in the amount of $50,352.35.  The motion passed unanimously - 4 to zero.

Motion by Bruce Brown/Mitch Pearl to approve the warrant of September 4, 2008 in the amount of $2,000.00 for postage.  The motion passed unanimously - 4 to zero.

Motion by Bruce Brown/Richard Baker to approve the warrant of September 8, 2008 in the amount of $4,575.00 for the mosquito district. The motion passed unanimously - 4 to zero.

4.  Town Manager's Report

Keith Arlund reported the generator installation at Neshobe School should be complete this Friday. There was some vandalism last week, with a small motor taken. Another motor had to be ordered, however, the project will be complete by Friday. 

5.  Education Update

Kellie Patten reported Neshobe PTO's first meeting is scheduled for September 15^th at 7:00PM in the Neshobe Library.  Chris Naylor, Neshobe's new librarian, will be present to discuss the library and the November Book Fair that will be done in conjunction with Brigg's Carriage Bookstore. On September 22^nd and 23^rd, school pictures will be taken at Neshobe. Parents will be receiving a schedule and envelopes for ordering.  The 5^th and 6^th grade classes will be selling magazines for their Boston and Montreal field trips. Other fund raisers will include the Innesbrook sale and candies to be sold by the Girl Scouts.  Richard Baker reported Bette Moffett was recently recognized as Educator of the Year. It was noted that Ms. Moffett has done a great job both at Neshobe and the community at large.  Mitch Pearl stated he would be happy to provide announcements for Otter Valley and he encouraged anyone wishing to make announcements to contact him prior to the meetings.  Mr. Pearl noted there is an open house scheduled at OV for September 17^th from 4:00PM to 7:00PM to show the public the recently completed renovations.

6.  Citizen's Public Forum

Bernie Carr noted he was present on behalf of the Brandon Chamber and he questioned if there is an update on the Economic Development Officer. Bill Hatch stated there has not been anything done at this point to recruit an additional person and Keith Arlund is the interim Economic Development Officer. Mr. Arlund reported he is working on the two part-time positions and he has been covering economic development. He has had discussions with several individuals concerning the VT Tubbs location and he will be meeting with some perspective people who have expressed interest in this location.  He has also met with some people who are interested in the remaining industrial corporation lots. 

Richard Baker stated a draft of the duties and responsibilities for the Economic Development Officer should be developed, regardless of who is performing this function.  He feels the town needs to come to grips with what the position actually entails, prior to hiring a person. Bill Hatch stated in light of the Chamber having a vested interest in getting someone into this position, he questioned if the Chamber would be willing to assist in the endeavor by drafting a strategic plan relative to economic development; and if that includes a person, to also include in the plan a method of funding for the position.  Bernie Carr questioned if there had been a past job description and Keith Arlund stated it was in the form of a contract that included zoning administration, staff management, economic development and some other duties. Bruce Brown stated it may require a staff position or someone who is contracted. Bernie Carr reported he has had conversations with Doug Bailey, who has many contacts and financial knowledge. Mr. Bailey has inferred that he may be interested in providing assistance on a volunteer basis. Bill Hatch stated this option could be the basis of a plan the Chamber could submit, as he does not have an issue in drawing from all sources. Richard Baker stated if anyone has suggestions as to what should be the duties; this information could be funneled to the Board Chair or the Town Manager. Bernie Carr stated economic vitality of the town is part of the Select Board's duties. He stated someone needs to take the ball and run with it and he noted the Chamber is willing to help.

Keith Arlund stated with regard to the Neo EMS building, there has been an inquiry by the Fire District and he has spoken to the owners, Titan Global Holdings, who stated they are interested in knowing what the Fire District has in mind. Mr. Arlund stated he has also been working with REDC and he will be meeting with Mike Quinn from the VT Economic Development Agency.

Ethan Swift stated the next Planning Commission meeting is scheduled for September 15^th.  He advised Paul Costello will be speaking to the Planning Commission about revitalization and economic development. Mr. Swift stated this may be a good brain-storming session for those interested in attending and advised additional information on the meeting will appear in the Brandon Reporter. 

Norm Milot wished to give the town kudos on fixing up the center of town. He stated it is everyone's responsibility to keep the town looking nice, including homeowners keeping their yards up. He stated the Route 7 problems with speed and noise are still bad. Mr. Milot indicated he has spoken with Chief Brickell about the noise problems, as there are a lot of loud radios, motorcycles and jake breaks, particularly in the middle of the night. He stated relative to the speed problem, perhaps the town could purchase a speed dummy.  Mitch Pearl stated a lot of the problem is the town has been dealing with the Route 7 Project looming in the future, with the concern of investing a large amount of money for upgrades and having them disturbed by that project. Mr. Milot also noted wastewater is still flowing into his yard and he is concerned with this issue. Mr. Milot did reiterate the work done with the asphalt does look good.

Ethan Swift stated as far as the status of the Zoning Administrator position, an ad hoc selection committee has been developed and they will be meeting on September 25^th to review the applicants and hopefully arrive at a determination and suggestion for the Select Board to consider. The current revisions to the town plan were provided to the Select Board for review and Mr. Swift stated hopefully it can be reviewed and returned to complete a final draft.  It is hoped to the comments will be back to the committee by early October, with the intent to have a final package back to the Board before Thanksgiving. Kellie Patten stated there was a discussion about having a joint working session between the Select Board and the Planning Commission. Ethan Swift stated that is a great idea and perhaps once the Select Board has reviewed the draft, a joint meeting could be held. Bruce Brown stated it would be nice to share everyone's comments and he is agreeable to meeting jointly. A suggestion was made to schedule a joint meeting of the Select Board and the Planning Commission at the regular Planning Commission meeting on October 20^th at the Fire Station, if available. Keith Arlund stated he will check with the Fire Chief as to whether the station is available on that date.  

7.  Public Works Report

a) Consider Truck/Purchase Lease

Tom Schmelzenbach stated about a year ago he did an RFP for a truck replacement and at that time it was suggested to consider a larger vehicle. Mr. Schmelzenbach stated he bid the body out separately.  He noted this truck is vital to the town properly maintaining the intersection work during the winter. The current truck of this caliber has a 17,500 gross weight and this vehicle has a 19,500 gross vehicle weight. He noted Ford has been aggressive with their pricing. There is a new vehicle on the market under the name of Sterling that has the same gross vehicle weight and it was reviewed, however, it is more money. It is a Daimler-Chrysler product and is also a nice truck. He stated price-wise and warranty wise, the truck suggested is a good product for the money.  Mr. Schmelzenbach stated he is also concerned about availability, as the truck will be needed for this winter's use.  He stated he has worked with the Town Manager on this item and he has bid out the dump, hydraulics, hitch and sander separately. Mr. Schmelzenbach stated the recommended truck has a cost of $63,000.00 complete. Richard Baker questioned what the trade-in value is on the current truck and Mr. Schmelzenbach stated he is working on a trade-in or salvage value and will advise the Board once he has this information. Tom Schmelzenbach stated there are some issues with the current truck and the Town Manager has indicated the town is not going to put any more money into this truck. Mitch Pearl stated given the recommendations from Tom and Keith, he is unable to participate in the discussion due to one of the parties being a client, however, he stated a decision should be made on the truck, as it has been indicated it is necessary. Richard Baker stated with regard to the old truck, it would be of more value if it ran, but even the depreciated value is a significant amount of money to someone.

Motion by Richard Baker/Kellie Patten to authorize the Town Manager to proceed with the purchase of a 2008 F550 truck and to negotiate favorable terms and conditions with G. Stone Motors and Iroquois for an amount not to exceed $63,126.00.  The motion passed, with Mitch Pearl recusing himself from the vote. 

Richard Baker stated as long as the limit is not exceeded, the Town Manager could continue to negotiate leasing terms.  He would expect to see either a lease purchase agreement or whatever the appropriate documentation is at the September 22^nd meeting to ratify the purchase.  This motion will allow Mr. Arlund the ability to move forward with the purchase.  

b)  Consider West Seminary Sidewalk

Tom Schmelzenbach stated at the last meting, it was suggested to look at other alternatives for the West Seminary sidewalk. Richard Baker questioned if the project can be done in this construction season and Mr. Schmelzenbach stated it is his intent to do it during this construction season. He stated it is his suggestion to go with Naylor-Breen to do the concrete work. Mr. Schmelzenbach advised he did review state bid prices and in comparison, the bid provided by Naylor-Breen is not adversely priced. He stated it is a lot of money, but it is not unfairly priced.

Richard Baker stated he wanted to clarify some misinformation relayed at the last meeting, as he did not realize that when the downtown was designated, only one side of West Seminary Street was included in the downtown designation and the side in discussion is not in that area. Mr. Baker stated the intent of the downtown designation was to include the old Seminary Hill School, which would cover both sides of the street.  He stated the idea was to develop a standard for the designated downtown that would want to be seen throughout the area and with that thought in mind, Mr. Baker felt that it would be beneficial to extend the concrete sidewalk a little further up the street.

Motion by Richard Baker/Mitch Pearl to authorize the Town Manager to enter into a contract with Naylor-Breen, for an amount not to exceed $20,000.00, for the installation of a concrete sidewalk and the resetting of curbs on the north side of West Seminary Street, as far up the street as possible. The motion passed unanimously - 4 to zero.

Richard Baker stated the neighbors should be advised of what is happening. Mr. Baker stated the gravel that was spilled in the road should also be cleaned up and he noted when private contractors are hauling gravel on town roads, they should be required to clean up after themselves in the event of large spills.

Tom Schmelzenbach stated he has had conversations with Mr. Arlund and the state concerning the Backyard Project and he will provide something more concrete to the Board at the next meeting. Keith Arlund stated he has sent the letter to the state per their request concerning this project and to date he has not heard anything back; however, he will continue to communicate with their office on this subject.

8.  Committee Report/Announcements

Mitch Pearl stated there is going to be a fund raiser at the town hall on September 20^th beginning at 7:00PM, which will be a performance by Katie Bull.  The cost will be $12.00 in advance or $15.00 at the door, with all funds going to the town hall. Advance tickets will be available at Carr's or Briggs Carriage Bookstore. Mr. Pearl stated there are many new chairs in the town hall and Mr. Arlund noted he has received a bill for them. Mitch Pearl stated the chairs are a result of the Brandon Take-a-Seat fund raiser that was held to furnish chairs for the town hall and this invoice will be paid by the Friends of the Town Hall. Ethan Swift questioned if the sprinkler system is up and running. Mitch Pearl advised the system is not quite complete and hopefully the water main connection will be done soon.

Richard Baker stated tomorrow is the primary election and there are two races. 

Richard Baker reported on September 18^th, the monthly meeting of the Rutland Regional Transportation Committee is scheduled to be held at Rutland Regional Medical Center. The agenda this month is dedicated to railroad and railway improvements. This is a significant item, as Senator Jeffords had earmarked $30 million in grants to reduce the stress on the roads in the Western Corridor by using the railway.

Richard Baker stated he will be the town's representative at the October 2^nd VLCT Annual Meeting.  Mr. Baker stated if there is anything that anyone would like for him to address at this meeting, to please contact him prior to the day of the meeting. Mr. Baker noted when representing a community, he feels that one should represent the thoughts of the entire community and not just his thoughts.

Bruce Brown stated with regard to Moosalamoo, the early August flooding did $4 million in damages to the area and due to the fact it is public land, it does not qualify for FEMA. He stated the Leicester Hollow Trail no longer exists, as the river changed course and the Forest Service will not be repairing this trail.  There will be three other trails that will be paralleling this former trail and emphasis will be changed to the other trails, unless federal funding is received.  Bruce Brown stated the Ridge Trail will become the major trail. Richard Baker requested the staff to provide the Board with a report at the next meeting concerning money being spent with McFarland and if it is not the intent to build the bridge on Highway 22, the town should stop spending money on it, as this bridge is scheduled to be built in the next season at a cost of $400,000.00. Bruce Brown stated there were discussions whether the bridge should go forward and it was determined the project is more important than ever, as this access will meet the needs of the three trails. Richard Baker stated this information needs to be reconfirmed and Bruce Brown stated the road to the trails is still needed and would be the access point. Bruce Brown stated the Forest Service would like the town to move forward with the road. Mr. Brown reported there was $1,000.00 received to plant trees in the Moosalamoo area. The Brandon Boy Scout Troops will be helping to plant the trees, with a tentative date of September 27^th scheduled for the planting. Mr. Brown stated additional trees will also be planted in the spring in this area.

9. Consider Facility Use Policy

Kellie Patten stated this item was postponed to this meeting to be sure that it was noted as an agenda item.

Motion by Mitch Pearl/Bruce Brown to adopt the Facility Use Policy, for purposes of discussion. 

Richard Baker questioned the term, Brandon's Historic Town Hall, as it is just a town hall. Mr. Baker also stated there is no Conant Park and it should be Crescent Park.  He questioned Item 8, as it suggests rental of the town offices. Mr. Baker stated Item 8 could be removed and the remainder of the articles could be renumbered. He also suggested under Purposes, "should not be construed" be changed to "shall not be construed."  Mr. Baker questioned if it is certain the town hall will not be rented outside the hours listed and suggested the hours of use could be approved by the Town Manager or his/her designee and set forth in the Facilities Use Agreement. Mr. Baker stated the implication is that in the case of a cancellation, both the rental fee and the cleaning deposit are going to be kept and he stated perhaps a portion of this fee could be returned if given sufficient notice of the cancellation. Mr. Baker also stated the town may require payment, but not specify the conditions, unless it is a non-profit. Mitch Pearl stated it should probably say up to 15% of the gross sales.  Norm Milot stated someone should be charged for the set up and Mr. Baker noted it is presumed the renters will do their own set up. Mitch Pearl stated there should be rental agreements specific to the locations and a more general use policy. Richard Baker stated the town does not want to be greedy, but he feels this issue should be tightened up.  Mr. Baker stated in tying #4 and #7 together, he does not have a problem with having alcohol in the town hall; however, perhaps the fees should be changed.  He stated the language is fine, except it does not mention that if alcohol is to be served, it has to be approved by the Board of Liquor Commissioners. He stated with regard to Item #10, the actual fees connected with the Facilities Use Agreement should flow through the town and scheduling the individual events could be the responsibility of the Friends of the Town Hall, if they desire. Mr. Baker stated the purpose of the fees is to fund the incremental operational costs. Bruce Brown stated it is the intent that the fees are going to be collected by the Town Manager. Mitch Pearl stated there are different kinds of events, such as fund raisers. Richard Baker stated the policy is structured such that the fees can be waived for events like fund raisers, but if it is someone raising money for other entities, the town may want to charge rental fees to cover the utilities. It was the consensus of the Board to incorporate the changes discussed and to consider them at a subsequent meeting.

Motion by Richard Baker/Bruce Brown to table this item to the next meeting. The motion passed unanimously - 4 to zero.

Norm Milot stated when there is an event involving alcohol; the caterer should be required to have a liquor license. 

10.  Update on Town Strategic Planning Effort

No discussion held.

11.  Old/Other Business

Motion by Richard Baker/Kellie Patten to adopt the amended Town of Brandon Investment Policy and to propose that as the Board adopts policies, there should be a date on every page. 

Bill Hatch suggested requiring insurance on the full amount, including the first $100,000.00. Mr. Hatch also noted he would suggest giving the town treasurer the authority to move money around for funds of $100,000.00 or less and not be bound by the Third Party Collateral Rule. Richard Baker stated when the Board adopted this policy three years ago, the town was depositing money into a sweep account and perhaps the wording on Item 8 should be instruments, rather than accounts.  The motion passed unanimously - 4 to zero, with the changes discussed.

There was a consensus of the Board to hold the first regularly scheduled October meeting on October 13^th, Columbus Day.  

Bill Hatch stated the Board should have a report from the treasurer at least once per year. Keith Arlund noted there is also an effort being made to provide a quarterly update to Board concerning the budget.  Mr. Arlund also noted Anna Scheck is currently working through the audit. 

13. Adjournment

Motion by Kellie Patten/Mitch Pearl to adjourn the Select Board meeting at 8:35PM.  The motion passed unanimously - 4 to zero. 

Respectfully submitted,

Charlene Bryant

Recording Secretary