Brandon Select Board Meeting

April 13, 2009

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

In Attendance: Bill Hatch, Richard Baker, Mitch Pearl

Also in Attendance:   Keith Arlund, Tom Schmelzenbach, Lee Kahrs, Wayne Rausenberger, Tina Wiles, Donna Taylor, Judy Bunde, Jeffrey Ojala, Ethan Swift, Linda Stewart, Jim Leary, Hanford Davis

1.  Call to order

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

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

2.  Consent Agenda

a) Approval of Minutes - March 23, 2009 - Select Board

Motion by Richard Baker/Mitch Pearl to approve the Select Board minutes of March 23, 2009. The motion passed unanimously - 3 to zero.

b)  Consider Road Closure Request - July 3 and 4, 2009 - BIDCC

Motion by Mitch Pearl/Richard Baker to approve the road closing of July 3^rd and July 4^th as requested.  The motion passed unanimously - 3 to zero.

3.  Fiscal

a) Warrant - April 13, 2009 - $65,161.19

Motion by Mitch Pearl/Richard Baker to approve the warrants of April 13, 2009 in the amount of $65,161.19.  The motion passed unanimously - 3 to zero.

4. Town Manager Report

Keith Arlund stated an RFP for the annual audit had been sent to fourteen firms and is due back by May 15^th.  The Economic Development position was published in the Rutland Herald on Saturday and will be published in local papers this week. An ad will also be placed on monster.com. Mr. Arlund reported he sent a letter to the Regional Public Safety Manager concerning the water issue for the town hall, in the event the external water supply is not completed prior to the May 9^th fund raiser event that is to take place there. 

5.  Citizen's Public Forum

Wayne Rausenberger questioned the status of the water connection for the town hall and whether a date has been set for this to be hooked up. Keith Arlund advised the town has been working with property owners for the assurances they need for the connection. There are two easements involved and also a letter of assurance.  Mr. Arlund stated he is also updating the pricing and is working with North Country Sprinkler towards getting this project completed.   

6. Education Update

Jim Leary stated the children are on vacation from school this week.  He also noted the district has hired John Castle as the new Superintendent for the RNESU.

 7.  Public Works

a. Consider PO #50860 - $6,250.00 for Grader Blade

Motion by Richard Baker/Mitch Pearl to approve the PO #50860 in the amount of $6,250.00 for a new grader blade.  The motion passed unanimously - 3 to zero.

Tom Schmelzenbach stated the old blade was specially welded because it was fatigue-cracked and it is 12 years old. He has looked at a number of options and has found it is not a readily available piece of equipment. He did find a new demo at a savings of about two-thirds the cost of what it would be new, with a minimal installation cost and no freight. Mr. Schmelzenbach stated he did identify this as a need some time ago and this blade is the same size as the current one. The grader is not going to be replaced any time soon; however, this is an important part of the machinery. Richard Baker questioned if there is any warranty on the demo. Tom Schmelzenbach stated he did not ask, as this is not a mechanical part and generally does not have that type of concern, however, he noted he will inquire about a warranty. 

 b. Consider early Purchase of FY 10 Winter Sand

Tom Schmelzenbach noted the suggested supplier has agreed to last year's price. Mr. Schmelzenbach is not suggesting a particular dollar savings, but in reviewing his budget he is looking at ways to save on the budget. He stated the market is a little different right now and he would be proposing an amount not to exceed $28,000.00. The delivery would begin relatively soon.

Motion by Richard Baker/Mitch Pearl to authorize the Town Manager to amend the Purchase Order for Markowski's to purchase an amount of winter sand at a rate of $9.14 per cubic yard; which is to be paid for out of the FY2010 funds. Mr. Baker also stated the Board will take the funds from the reserves prior to June 30th and will then debit this amount from the FY2010 budget and replenish the reserves.  The motion passed unanimously - 3 to zero.    

c. Consider Request for Take Over of Mt. Pleasant Roads and Drainage System

Tom Schmelzenbach provided a letter of request and testing verification on the sewer system. He noted the information is in order, but he does not have a metes and bounds description. He would like to know what the Select Board wishes to have in order to consider this request. Mr. Schmelzenbach has looked at the road and at the present time it is in good condition, however, there are no houses or construction in this area. Mr. Whittaker has talked to Tom Schmelzenbach a number of times about this item. There are three components; the road, the sewer and the drainage from the road and the surrounding area, which includes a drainage pond. Mr. Schmelzenbach is not in favor of taking over the drainage pond; therefore, the limits would not include the pond, but would include drainage to the pond. He noted the town would need to secure the ability to outfall the drainage from the roads, so there would have to be some type of language to allow the town to drain to the pond.  Richard Baker questioned if there is a plat. Tom Schmelzenbach stated the plat was not developed until it is known what type of documents the Board would accept, due to the cost. Mr. Schmelzenbach suggested something similar to Rideon Acres, if the Board wished to pursue this request.  Bill Hatch stated there is some ongoing discussion that will need to take place on this issue. Keith Arlund stated he feels this is premature, as there is no offsetting revenue for homes. Mr. Arlund suggested the Board takes this under advisement. Richard Baker questioned if there is a Homeowners’ Association and Bill Hatch stated he thought there is one. Mr. Baker stated the Board would be interested, but possibly at a later date once homes start to emerge in this area. Bill Hatch stated there is some negotiation and legal work that would need to be done when considering this item. Richard Baker also noted it would be preferable to have the road laid out in proper metes and bounds.

d. Other

Tom Schmelzenbach stated he is currently working on a comprehensive construction program for the coming season.  He did provide some information to the Board; however, he has been working with Keith Arlund and Anna Scheck with regard to how much money he has. He will then determine how best to spend it. Mr. Schmelzenbach noted he hopes to be able to provide the Board with an outline at the next Select Board meeting to obtain their concurrence.  Mr. Schmelzenbach advised he has assembled a team of vendors, through a bidding process, for such items as reclaiming and paving with bids provided in a unit cost type fashion. He will provide the Board with those purchase orders at the next meeting to enable him to secure their services. Richard Baker stated he suggested to Mr. Schmelzenbach that he come up with an aggressive work plan so that once monies have been determined, which will include the stimulus money, and they can determine how to best spend it. Mr. Schmelzenbach also noted he has been applying for several grants. He stated the Structures grant for the Wheeler Road Bridge will likely happen. The grant for the sidewalk on North Street, if it becomes available, will be received too late in the season, and this item will have to be discussed further. 

8.  Committee Reports/Announcements

Richard Baker reported that on April 3rd, Mr. Arlund, Tom Schmelzenbach and he met with a representative from VTrans, the Assistant Attorney General and CLD concerning the right of way phase of the Route 7 project. Mr. Baker noted the Agency has acknowledged that the town owns Route 7 in the urban core, which the town has maintained for five years. There will be limited right of way acquisitions required for issues such as where driveways tie in or where utility or construction easements are required. Mr. Baker noted we also have a couple of sand filters that will be outside the corridor and the Agency of Natural Resources requires the town to build a concrete vault to filter the water. Mr. Baker stated this project could possibly take place in FY 2010. The town will receive funding to do the right of way plans and this Board will hold the necessity hearings and hopefully it will move along relatively quickly.

9. Consider Recreation Committee Request

Motion by Richard Baker/Mitch Pearl to authorize an amount not to exceed $8,700.00 to reimburse to the Boys and Girls Club of Rutland County, upon evidence of scholarships provided to residents of the Town of Brandon for summer camp.

Richard Baker stated this is similar to the winter sand, as the town does not have money budgeted in the 2008/2009 budget. It has been past practice where the tuition is collected before June 30^th and treated as deferred revenue, but there has not been prepaid expenditures previously done. Mr. Baker noted he would rather prepay out of the FY2010 budget, as there are not funds available this year and it won't be known until the audit is completed for the current year whether there are additional funds available. Mr. Baker stated the motion was precise on the reimbursement, but it is not the intent of the Board to hand them a check for $8,700.00.  Tina Wiles stated it was the Boys and Girls Club's desire to have a check, however, the Recreation Committee felt it would be better to do a reimbursement. The Committee does not want to be in a position of setting up something similar to an appropriation. They also want to be assured the scholarships were not inflated to meet the $8,700.00 check. Ms. Wiles noted the camp starts July 6th and the scholarships will be granted prior to that date.  The Boys and Girls Club will then submit for payment. Ms. Wiles noted she feels this is better control for the town.   

The motion passed unanimously - 3 to zero.

10.  Consider Identity Theft Policy

Richard Baker stated this is another unfunded mandate, with Mr. Pearl in concurrence. Keith Arlund stated there was a memo produced by the VLCT and this mandate was unknown to him prior to receiving that document. He noted this is similar to the HEPA regulations that the town has to complying with. Mr. Arlund provided the Board with two documents that are based on the outline provided by the VLCT.  He also noted the town is very careful about personal records and they do not provide information to anyone without authority. Richard Baker questioned if the VLCT will indemnify the town of the accidental release of confidential information. Keith Arlund stated he would pose this question to them. Bill Hatch stated the town’s liability insurance would likely cover this type of situation. Mitch Pearl stated this policy imposes a lot of work on the Town Manager and his staff and would require training to implement properly. Richard Baker also noted that the Select Board is not authorized to dictate to other groups, such as the listers. Mitch Pearl stated this seems totally misdirected as it is for entities that are in the role of a creditor and he noted the town may need to hire a compliance officer to be sure this is done properly.  A decision was made to table this item to a subsequent meeting.  Mr. Baker noted this Act was passed in 2003 and the town has just received the memo in March 2009 indicating this item needs adopting by July 20, 2009.

11.  Consider Request of the Friends of the Town Hall to Repair Town Hall Portico

Mitch Pearl stated the Friends of the Town Hall did receive a grant to fund part of the work to replace the portico floor in the town hall, with other funds being obtained through fund raising. There is a safety issue with what is there now, as it is cracked and pitted, and it not only looks bad but is also a safety hazard.  Given the various projects that are on the list to complete, this is a relatively small one that needs to be done. Mr. Pearl noted all of the work, as far as the planning and specifications are completed and just require a vote from this Board to go out to bid. Keith Arlund stated he asked Mr. Cliver if this was in accordance with their original plan and he advised this is part of the Phase III plan. Mitch Pearl advised that a set of specifications have been put together as a separate document from the original plans that had been done. Richard Baker questioned if there was an estimated cost for the architect. Blane Cliver stated this request is being made to go into another phase with the architectural firm. He advised the Committee had signed a contract with Robert Carl Williams, which had been done in phases. Mr. Cliver stated they do not have any bids for this item and they would like to get a set of plans and specifications to send out to bid to complete this portion of the project in the next couple of months. He noted it should not be more than $20,000.00 to do the work.  Mr. Cliver also noted bids have been coming in under estimate for most of what has been done. Richard Baker questioned if this request is only going to do this specific section and not all of Phase III.  Blane Cliver stated this is the highest priority item that the Friends of the Town Hall can afford to do and would not include all of Phase III. Mr. Baker also asked if the snow guards were going to be done on the North side of the building and Mr. Cliver stated that is something that needs to be reviewed, however, he noted they do need to move in that direction. Mitch Pearl stated there has been a debate on what type of snow guards or snow reduction facilities should be used. This item should be done to maintain good neighborly relationships. Richard Baker stated it appears this request is within the Town Manager authority. Keith Arlund noted the total project is well over his spending authority and that is the reason he brought this back to the Board for action.  

The Board was in concurrence that Keith Arlund should proceed with the architect under the limited scope of the letter that had been provided to the Board. 

12.  Old/Other Business

Keith Arlund stated since the stimulus funding opportunities are coming haphazardly; it was learned how to access the $11,000.00 for the police department. The second piece is that grant applications are being accepted and he has an application submitted for hiring an additional police officer. Mr. Arlund stated the essence of the stipulations is the federal funding will apply for three years for the position at the entry level rate of pay, with the town to budget the difference. The obligation is to keep the person hired one year beyond the three year commitment.  Linda Stewart questioned if this included benefits and Mr. Arlund advised it included benefits at the entry level for the position. 

13.  Possible Executive Session

There was no executive session held.

14. Adjournment

Motion by Mitch Pearl/Richard Baker to adjourn as the Select Board to convene as the Board of Sewer Commissioners at 7:46PM. The motion passed unanimously - 3 to zero. 

Respectfully submitted,

Charlene Bryant

Recording Secretary