Brandon Select Board Meeting

June 1, 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, Bruce Brown, Kellie Patten

Also in Attendance:   Keith Arlund, Tom Schmelzenbach, Anna Scheck, Lee Kahrs, Phil Keyes, Chris Brickell, Maximilian Ferro

1.  Call to order

The meeting was called to order at 7:00PM by 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 - May 18, 2009 - Select Board

Motion by Richard Baker/Bruce Brown to approve the Select Board minutes of May 18, 2009. The motion passed unanimously - 3 to zero.

b)  Request to Extend Filing of Grand List

Motion by Richard Baker/Mitch Pearl to authorize the Select Board Chair to sign the extension of the grand list filing.

Richard Baker noted for a town of this size, the submission of the grand list should take place on June 4^th; however, there is still some work to be done as a result of the town-wide reappraisal.

The motion passed unanimously - 3 to zero.

3.  Fiscal

a) Warrant - June 1, 2009 - $41,878.98 and $53,807.75 for Series 1 Bond Payment

Motion by Richard Baker/Bruce Brown to approve the warrants of June 1, 2009 in the amount of $47,878.98.  The motion passed unanimously - 3 to zero.

Motion by Mitch Pearl/Bruce Brown to approve the warrant for the Series 1 Bond payment in the amount of $53,807.75. 

Richard Baker provided a friendly amendment indicating this motion is to ratifying an electronic fund transfer that has already occurred.     

The motion passed unanimously with the friendly amendment - 3 to zero.

4. Town Manager Report

Keith Arlund reported Officer Frank Spaulding graduated from the Vermont Police Academy and will be completing other certifications.  Police Chief Brickell stated Officer Spaulding is doing his post-basic certifications, which will be completed by June 17^th.  He will also become a resident of Brandon and will be the 6th officer to be residing in town. Chief Brickell stated Officer Spaulding will be ready to start work on July 1^st.  

Keith Arlund reported he has been evaluating the audit proposal bids and will bring them before the board at the next meeting.  He also noted he has some other business that will be discussed during the Old/Other Business part of the agenda. 

5.  Citizen's Public Forum

There was no discussion held.

6. Education Report

Mitch Pearl noted the schools are in the home stretch and the students at OV will be taking exams.   

8. Public Works

Tom Schmelzenbach stated he has presented a construction plan for the season for the Board's for consideration and would welcome any questions the Board may have. Richard Baker stated there are two purchase orders to also be approved in this proposal. Mr. Schmelzenbach stated this plan was developed over a period of time and is a continuation of work done over the past couple of years. He has discussed the plan and the funding sources with the Town Manager and Mr. Arlund has concurred with the proposed projects. Mr. Schmelzenbach noted the Board has seen some of this information in the past and he now brings it to them for consideration and if approved, he will advise the adjacent property owners and schedule the tasks. Richard Baker stated this Board is a policy-setting board and he thinks this is exactly what the Board has been look for and he feels it is a good summer plan.

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 $57,285.00, as stipulated, to reconstruct the sidewalk on North Street from Route 53 to the top of Winely Hill. The motion passed unanimously - 3 to zero.

Bill Hatch noted consideration is in order for Purchase Order #50911 for Allstate Asphalt. 

Motion by Mitch Pearl/Bruce Brown to approve P. O. #50911 to Allstate Asphalt for an amount not to exceed $6,000.00 for the rehabilitation of Pearl Street and North Street to Winely Hill. The motion passed unanimously - 3 to zero.

Mitch Pearl questioned whether the plow for the grader that had been paid this evening was satisfactory.  Tom Schmelzenbach stated it has been installed on the grader and it was a good decision to purchase this equipment.

Tom Schmelzenbach reported he has a situation on Barlow Avenue that will require embankment reinforcement. He stated it also threatens an electrical pole for the sewer plant. He noted the road is extremely close to the Neshobe River and if someone were to go off the road, it could be hazardous, as they would go directly into the river. He will be speaking with Emergency Services for a possible shut down of a portion of Barlow Avenue.

Motion by Richard Baker/Bruce Brown to authorize the staff to close the portion of Barlow Avenue from the point where the road poses a hazard to traffic. 

Richard Baker stated relative to this subject, the bank on the other side of the Neshobe River is really caving in. Tom Schmelzenbach stated there is a need for a longer pedestrian bridge. Richard Baker noted concern about Sewer Plant Drive and Mr. Schmelzenbach stated that is a concern of his as well. He is speaking with the Army Corps. of Engineers about how to move forward with this issue. Richard Baker stated perhaps sheet pilings will need to be installed and Mr. Schmelzenbach was in agreement.

The motion passed unanimously - 3 to zero.

8.  Town Hall - Consider Electrical Upgrade Proposal - Lighthouse Electric - $9,457.00

Motion by Mitch Pearl/Bruce Brown to approve the proposal noted in the letter of May 4, 2009 from Peter Kennedy, President of Lighthouse Electric, for the electrical update of the town hall for an amount not to exceed $9,457.00. 

Richard Baker provided a friendly amendment to note that the purchase order approval be subject to the availability of funds. 

Mitch Pearl stated it has been determined that the service to the town hall is able to support more electrical demands than initially thought and with a small amount of work, it will enable additional circuits to be added to support most of the demands that are required to support significant types of events the town hall will be holding, such as theatrical and concert events. He noted this will be an interim solution which will provide additional support and will also be fully compatible with future work.

Richard Baker provided another friendly amendment indicating there is no evidence that anyone on staff has signed off on the purchase order and was a letter given to a member of the Friend’s Committee.  Mr. Baker suggested also adding the stipulation the Select Board authorize the Town Manager to enter into a contract for this work, subject to the availability of funds. 

The motion passed unanimously with the friendly amendments noted above - 3 to zero.  

9. Committee Report/Announcements

Mitch Pearl stated relative to the town hall, there will be a work day this Saturday and Sunday to do painting and scraping on the areas where the heaters were removed.  This will not be the final coat of paint, but now that the fire suppressant system is in and the electrical system is being done, it was thought it would be good to do some sprucing up. Mr. Pearl stated if anyone is interested in helping out, they could get in touch with Mei Mei Brown, Bruce Brown or John Andrews. 

Richard Baker noted with the approval of the minutes of May 18^th, it ratifies the changes to the Town Plan. He noted that Janet Mondlak will generate an updated version of the Town Plan on the web site.

Richard Baker reported the Rutland Regional Transportation Council had a good presentation on the western corridor study from the Committee that had been developed, and beyond the main text of the report; it is an icebreaker for the five counties to collaborate on this effort. Mr. Baker noted that for the years he has been on the Council, there has been tension between Bennington, Rutland and Chittenden Counties. It is hoped this group will work on future efforts for the railroad, Route 7 and other feeder roads that have become unofficial bypasses. 

Richard Baker noted he was reminded when driving on Route 7 of the June 4, 2007 four person multi-fatality that occurred down the road that prompted the state to put this road on a fast track, however, it is a shame that the state cannot move any faster on this project.

Bruce Brown reported he attended the Brandon Chamber meeting this evening. The Economic Development position was discussed and the other item they wished to clarify was the statement made at the last Select Board meeting with regard to applying for a sidewalk grant. The Chamber indicated the grant for the Stephen A. Douglass House was applied for in 2006 and should not hinder a sidewalk grant. Richard Baker stated the town can apply for any grants they would like, but there is an informal allocation formula and the town is working on an enhancement grant that was received in 2007 and the town needs to continue to prove that we can execute these projects. Mr. Baker noted the town did get a $155,000.00 grant for the Maple Street project.  Bruce Brown stated the Chamber wanted to clarify that they did not want to deprive the town of sidewalk money, as this grant was in 2007.

Bruce Brown stated there was an application for a CLG grant and there is some confusion about this grant and what project should be funded. He noted there was discussion that there are two projects, the town hall portico and the Stephen A. Douglass that were being considered. Mr. Brown stated there will need to be more discussion on this subject as to which project will obtain the funding. Keith Arlund stated there was mention of a second application, which he did not have any information on. He noted the town was encouraged to apply for the $18,000.00 Heritage Travel grant. Bruce Brown stated Mei Mei Brown would like to get the Board's blessing to apply for this grant.  It was noted that further conversation on this subject will take place under the Old/Other Business section of the agenda.  

Bruce Brown reported the Tree Committee met and one of their goals is to look at developing a policy. They are currently researching communities who have tree ordinances and they will be reviewing this subject further. Richard Baker stated there was a recent incident whereby someone had wanted to cut down a tree in their front yard that was in the public right of way.  He noted it should be stressed that people cannot cut trees in the public right of way and if an ordinance is required; it should be something that is done.  

10. Old/Other Business

Keith Arlund reported he has solicited membership and has published ads in the paper for people interested in serving on various commissions. He noted the Historic Preservation Committee is proposing Mr. Ferro as a possible member for this Committee. Phil Keyes is present this evening as the acting Chair of the Historic Preservation Committee to discuss this item with the Select Board. Phil Keyes stated he talked to the Select Board at the May 21^st meeting and he reported the Committee did meet a couple of weeks ago and were joined by two prospective members; Mei Mei Brown who expressed an interest in sharing a position with another person, as she is here for only part of the year and Max Ferro, who is a new resident of Brandon. Mr. Ferro stated he sent a letter and a copy of his resume to the Town Manager expressing his desire to serve on the Historic Preservation Committee. He advised that he has been in historic preservation all of his life and has worked closely with Blane Cliver in the past.   

Bruce Brown noted Mei Mei Brown would like to find someone to be a member for the Friends of the Town Hall, but her name is not on the table for the Historic Preservation Committee. Richard Baker stated the town should continue to solicit people for this Committee and although the town hall is a historic building, the members do not necessarily need to be interlocking. Phil Keyes stated the CLG agreement states there should be five members on the Committee. The Committee is very pleased that Mr. Ferro is interested in joining and they would recommend his approval as a member. Mr. Keyes stated their meeting held a couple of weeks ago was the first of at least four meetings that will be held during the year. He also noted the Committee is back in compliance with the CLG rules. They will be applying for more grants that will be discussed in future meetings.

Motion by Mitch Pearl/Richard Baker to appoint Max Ferro to the Historic Preservation Committee.

Phil Keyes stated terms of the appointments will be discussed at a future Historic Preservation meeting, as well as appointments of a Chair, Vice-Chair and Secretary for the Committee.    

Richard Baker reiterated the terms should be established, however, they can be done at a later date. He also noted there are several positions on other Committees that will terminate on June 30^th, such as the Planning Commission and perhaps the town should place another ad in the newspapers to solicit participants for these positions.   

The motion passed unanimously- 3 to zero.

Keith Arlund stated the other item that Mr. Keyes would like discussed is the application for the Heritage Travel grant, which is a grant that all local downtowns have been encouraged to apply for. It was noted that Kevin Thornton and Blane Cliver have written the grant proposal. Keith Arlund has emailed the contract data information required for this grant and in doing so Mr. Arlund was advised that the grant was approved. Mr. Arlund requested the Chair's signature for the hardcopy to be mailed to the state. Mr. Arlund advised there is no match required from the town and the grant writing services had been donated by Blane Cliver and Kevin Thornton.  Mr. Arlund advised the town is buying into a two-year start up plan and subsequent years will be eligible for CLG grants going forward.

Motion by Richard Baker/Mitch Pearl to authorize the Town Manager to sign the appropriate paperwork for the Heritage Travel grant.

Richard Baker stated he is an advocate for increasing economic development and this program is an economic development tool. He is concerned that this is again another last minute item that the town is applying for. Mr. Baker felt a better job could be done in coordinating with other entities, such as the Chamber of Commerce so that we know that everyone is on board with the issue. Max Ferro stated having worked with Kevin Thornton in writing the grant, Mr. Thornton did go to the Chamber about some money to digitize photos and they are interested helping to put together the promotional material for this project. He noted this is a web site that will provide information about Brandon. They do feel that it is essential to coordinate, not with just the town's agencies, but also with the hotels, restaurants, historic sites, etc. to bring more people to the area. Mr. Ferro noted this web site would have a large clientele and would open up many possibilities. Phil Keyes stated the grant for the Heritage Travel grant is a Priority I CLG grant, which deals with education and information. He noted the Preservation Committee will also be applying for a Brick and Mortar grant, which is a Priority II grant for buildings, repairs, etc.  He noted the two are not meant to compete with each other, as they are two different types of grants that are awarded during the grant cycle. Mr. Keyes advised that the Heritage Travel grant was promoted as a means of featuring extra money through the stimulus grant. Mr. Keyes noted the town hall portico project is ready to go and would likely have a better chance of getting the money and that is the reason it was chosen over the Stephen A. Douglass House.  Mr. Keyes stated if the Stephen A. Douglass House needs additional funds, a grant can be applied for during a different grant cycle.

The motion passed unanimously - 3 to zero.

Keith Arlund advised the Select Board that the Fire District intends to begin billing the town for all water services used at the treatment plant, town offices and town garage. This is the first formal indication he has received and this item was not budgeted. Richard Baker stated there should be discussion about this subject, as the town office provides administrative support in generating the sewer and water bills at no charge to the District.   

Bruce Brown reported the Brandon Chamber has written a letter of support for the Leicester Hollow Trail and the Forest Service is evaluating the trail to determine whether to establish a new trail or fix the current one. It was noted that the access to the trail will still rely on the Churchill Bridge.

Bruce Brown stated he wanted to be sure the Backyard Project is still on the radar screen. It was noted there is a preliminary bid from Naylor-Breen on this subject in the Board packet; however, it requires further information.  

Bruce Brown stated as a follow-on to the sidewalk discussion, he noted he has walked the sidewalks on Park Street and although they do need repair, they are not the worst in town and he urges the best use of the funding and resources.  

Richard Baker stated given it is June 1^st and the fiscal year ends in 29 days, the town needs to have closure on the audit report for last year. There has been no exit interview completed and the town has only received a draft audit report to date from the audit firm. Keith Arlund stated he is prepared to have a discussion with them at any time and he will follow-up with their office again. Richard Baker noted concern that we have not taken this matter as seriously as we should have. The town may have a new audit firm next year and they will want to see the history. It was questioned whether the audit firm is paid in full and Mr. Arlund noted a payment had recently been made to them, but he was unsure if they are paid in full. Mitch Pearl stated if we have not paid them in full, he would suggest holding payment until this work is complete. Richard Baker stated there is a contract indicating they are supposed to give the town a set number of report copies and these should be provided. Keith Arlund stated he will try to set the meeting as soon as possible and it is hoped to complete this before the next Board meeting.  

Mitch Pearl questioned Keith Arlund if there have been any inquires to the ads for the economic development officer. Mr. Arlund reported there had been one initial inquiry that included one formal letter and an essay.  He noted there has not been a lot of interest in the position. Mitch Pearl suggested discussing this item during executive session, as he has been asked by several people concerning the status of this situation. It was noted there is money in the budget and there is support for this position by the constituents and taxpayers. Mr. Pearl suggested advertising this position in the newspapers again.

Motion by Richard Baker/Bruce Brown to recess the Select Board meeting at 7:55PM for the purposes of reconvening as the Board of Liquor Commissioners.  The motion passed unanimously - 3 to zero.

Motion by Richard Baker/Bruce Brown to reconvene as the Select Board at 8:04PM.  The motion passed unanimously - 3 to zero.

Motion by Richard Baker/Bruce Brown to enter into executive session at 8:05PM concurrently as the Select Board and the Board of Sewer Commissioners for the purpose of discussing a contract. The motion passed unanimously - 3 to zero.

11.  Possible Executive Session

The Board came out of executive session at 8:18PM.  There were no actions required.

12. Adjournment

Motion by Richard Baker/Bruce Brown to adjourn the Select Board meeting at 8:20PM. The motion passed unanimously - 3 to zero. 

Respectfully submitted,

Charlene Bryant

Recording Secretary