Brandon Select Board Meeting

June 15, 2009

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

In Attendance: Bill Hatch, Richard Baker, Bruce Brown, Kellie Patten

Also in Attendance:   Keith Arlund, Tom Schmelzenbach, Anna Scheck, Chris Brickell, Wayne Rausenberger, Frank Spaulding, Janet Mondlak, Mei Mei Brown, Cody Taylor, Tony Bissette, Elaine Bissette, Steve Bissette,  Maureen Tierney,  Alisa Cutter, Chris Bucher, Phil Frassica, Susan Schreibman, Lance Mead, Blanche Welch, John Welch, Jeff LaHaie

1.  Call to order

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

The pledge of allegiance was recited in recognition of Flag Day

a) Agenda Adoption – Motion by Richard Baker/Kellie Patten to adopt the agenda with the following changes. The motion passed unanimously – 3 to zero. 

Mr. Baker suggested acting on the fiscal items first, followed by the presentation by Susan Schreibman and then proceed with the remainder of the agenda from Item 2B. 

3.  Fiscal

a) Warrant – June 15, 2009 - $64,972.39

Motion by Bruce Brown/ Kellie Patten to approve the warrants in the amount of $64,972.39. 

Richard Baker stated for the record, the town is being billed $2,140.05 which is three years of operating fees for storm water that the town is not using. He noted this is not an allowable cost by VTrans and he asked that VTrans be invoiced for 95% to obtain this in writing. 

Mr. Baker stated there was discussion of the Heritage Travel grant that would not be requiring a match; however, there is a warrant in this meeting's packet for Heritage.

Mr. Baker also noted the architect is billing for 75% of the project that Naylor-Breen is starting on the portico and he does not believe there is money available to pay for this.  

Mr. Hatch questioned how Mr. Baker would like to handle the three issues and Richard Baker stated the checks have been cut, however, he recommends holding these three checks until the grants are received. 

Keith Arlund noted relative to the Heritage Travel grant, the town did receive an invoice fee for the web site participation. The town's copy of the grant has been sent back to Historic Preservation and once the town shows that they have paid the $1,555.00, that proof will allow preliminary billing for the reimbursement. Richard Baker noted their signing off on the grant will release the check.

The motion passed with the changes noted above.  

b) Consider Audit bid FY09

Motion by Richard Baker/Bruce Brown to accept the bid from Mudgett Jennett in the amount of $23,000.00 for the audit of the FY09 fiscal activities.  The motion passed unanimously – 3 to zero.  

c)  Consider PD Vehicle Maintenance

Motion by Richard Baker/Bruce Brown to authorize the Town Manager to sign a blanket agreement for the period 7/1/09 through 6/30/10 with Mallory’s Auto for an amount not to exceed $6,000.00 for Police Department vehicle maintenance. The motion passed unanimously – 3 to zero.

d)  Consider Animal Control Services Contract

Motion by Richard Baker/Kellie Patten to authorize the Town Manager to enter into a contract with the Rutland County Sheriff's Department for the period 7/1/09 through 6/30/10 for an amount not to exceed $8,500.00 for animal control. The motion passed unanimously – 3 to zero.

Bruce Brown reported that he had talked with the Animal Shelter and there have been some issues in the past.  He felt that the quarter meetings between the town and the Humane Society noted in Item #8 of the contract should be done.  Keith Arlund noted he has done this in the past and he would be willing to continue participating in these meetings.  

e)  Purchase Orders:  

     -  50906 – Pyrofax - Fuel

Motion by Richard Baker /Kellie Patten to authorize the Town Manager to enter into a blanket order with Pyrofax for the terms noted for diesel fuel in the amount of $33,000.00 for the period 7/1/09 through 6/30/10, of which $30,000.00 is to be allocated to the Highway Department and $3,000.00 to the waste water treatment plant. The motion passed unanimously – 3 to zero.

Richard Baker stated this motion and the subsequent motion for PO #43553 is being made by the Select Board, acting as Board of Sewer Commissioners to purchase these items on behalf of the Sewer Commissioners. 

     - 43553 – Pyrofax – Propane

Motion by Richard Baker/Kellie Patten to authorize the Town Manager to enter into a blanket order with Pyrofax for the terms noted for #2 heating fuel in the amount of $22,500.00 through 6/30/10, of which $8,500.00 is to be allocated to the Highway Department and $14,000.00 to the town offices and town hall building. The motion passed unanimously – 3 to zero.  

Motion by Richard Baker/Kellie Patten to authorize the Town Manager to enter into a blanket order with Pyrofax for the terms noted for propane in the amount of $10,000.00 through 6/30/10. The motion passed unanimously – 3 to zero. 

7.  RRPC Report on Western Corridor Study – Susan Schreibman

Richard Baker stated he is the Chairman of the Rutland Regional Transportation Committee that serves 266 towns, not including Pittsfield and he noted the Committee is well served by Susan Schreibman, who has been working with Mark Blucher. Mr. Baker stated the purpose of the Western Corridor Study is to form a template for transporting all goods and people, whether rail or roadway, between Canada and Massachusetts, however, it did not deal with specific projects or solutions. He stated this project has brought together regions and has demonstrated that they can work collaborate together.  Susan Schreibman provided a brief overview of the project. She noted this project has been done by VTrans and involved five regional planning commissions and included a Study Advisory Committee and a consulting team from Boston. There were focus groups who concentrated on freight, trucking and other areas as part of the public outreach. She stated there have also been some public meetings on this project. The plan is to determine the most effective way to improve transportation on the western part of the state over the next 20 years.  They have projected traffic out to 2030 and have come up with some goals and objectives, and suggestions on how to achieve those goals. This study includes the railroads and many of the roads in the area.  Given the scale of the study area, the study goals are looking at improving the highway system, enhancing public transit and quality of life goals. They are looking at not only movement of vehicles throughout the corridors, but also through the village centers. She stated improving the highway system and trying to get some of the freight off the highways and placing it on rail is also being considered.  Public transit is also included in the project by promoting passenger rail service.  Economic development goals were another area being developed and quality of life goals were included in the environmental issues. They came up with a number of strategies and evaluated them against the goals. Ms. Schreibman stated she could provide the Board with more detailed information if desired. She stated at this point, the preliminary recommendations are coming out and the goal is to have an implementation plan by the end of July and a plan available sometime in August.  Ms. Schreibman stated they would appreciate any information people wished to provide and she recommended people do the public opinion poll on their web site, www.vtwesterncorridor.org. It was noted this web site is also linked to the town's web page and the regional planning commission's web page.  Bill Hatch thanked Ms. Schreibman for providing her presentation. .

2.  Consent Agenda

a) Approval of Minutes – June 1, 2009 - Select Board

The minutes will be approved at a subsequent meeting.

b)  Consider Planning Commission Appointments

Motion by Richard Baker/Kellie Patten to reappoint Jennifer Nixon-Carter and Ethan Swift for 3-year terms ending June 30, 2012. The motion passed unanimously – 3 to zero.

Motion by Richard Baker/Bruce Brown to reappoint Phyllis Cioffi-Reed and Chris Lekberg to the DRB for 3-year terms ending June 30, 2012.  The motion passed unanimously – 3 to zero.

Motion by Richard Baker/Kellie Patten to appoint Joel Mondlak and Karen Lynch to the Revolving Loan Fund Committee through June 30, 2012, and Tom Whittaker as an Alternate for the same term, subject to all parties expressing their desire to serve.  The motion passed unanimously – 3 to zero.

Bruce Brown noted there was a letter of interest received from a person who would like to serve on the Planning Commission. It was the consensus of the Board to extend an invitation for the candidate to attend a subsequent Select Board meeting to discuss this subject.

4.  Consider FY 08/09 Fund Balances & Reserves

Motion by Richard Baker/Kellie Patten to encumber whatever amount for records preservation that has not been expended by June 30^th.  The motion passed unanimously – 3 to zero.

Motion by Richard Baker/Bruce Brown to defer revenue in the amount of $2,428.00 for the Recreation Program and any revenues received prior to June 30^th for activities after July 1st. The motion passed unanimously – 3 to zero.

Motion by Richard Baker/Kellie Patten to encumber $19,000.00 for fuel for the town hall, town offices and public works, as described in the Town Manager's memo.  The motion passed unanimously – 3 to zero.

It was noted that this year's budget was conservative for heating oil and diesel fuel; however, it is unknown what the fuel prices will be going forward.  

Richard Baker questioned Mr. Arlund if these encumbrances are all that is required. Keith Arlund noted it is not quite the end of the year and there may be some small items, but those items can be taken care of at a later date.  Richard Baker stated whatever is not spent will go into the fund balance and we will not be able to be used until FY2011, as the audit results will likely not be received prior to setting the budget. Mr. Baker wished to thank Anna Scheck and Keith Arlund for all their hard work.

5. Town Manager Report

Keith Arlund reported he again advertised the economic development position in the Rutland Herald and monster.com, as well as adding it to the VLCT web site and their journal. Mr. Arlund noted he had received the note from Kellie Patten changing the name to Economic and Community Development after he had placed the advertisement. It is hoped that more responses will be received this time.

Mr. Arlund reminded the Board he would be on vacation beginning Wednesday through the following week to attend his son's wedding in Texas.  

6.  Citizen’s Public Forum

Tony Bissette stated that most of the people here are from Barlow Avenue and over the last three weeks, the road has been closed and the culvert was plugged and the residents have been told the road will be closed. The residents would like to know what is happening, as this is a very narrow road and it is the citizens' only outlet. The ambulance, fire department and school buses now have to back out of the street, which is very dangerous. Mr. Bissette stated the residents would like some answers. He also noted that when the trees were being cut because of the sewage treatment plant, he had warned against doing this because of the erosion along the river. Tom Schmelzenbach stated the town has a process for doing projects and part of this process is notifying the public of what they intend to do.  He has only discussed a possible project with the Select Board but has not brought a proposal on a specific action before the Select Board; however, he would follow the process when doing so. Mr. Schmelzenbach is executing some action items that have to do with the pedestrian bridge and he has met with a stream alteration engineer and has received concurrence. He will need to work with the Army Corps. of Engineers, but he is not in the position to execute a project, as he will need to secure funding. Mr. Schmelzenbach is concerned with the road due to the proximity of the river, as there are no shoulders and there is no protection for vehicles. This is a condition that has existed for years and he has discussed possibly closing that section of the road, but that is just an option. He also noted that Barlow Avenue, pavement-wise is in poor condition and he has identified this area as requiring work. There has been no decision made to close the road and he advised if the town were to get to that point, they would have public involvement. Maureen Tierney stated the residents are also concerned about their cars, as people are backing up the road and they have to watch that people are not going to hit their cars.  It is also difficult for delivery trucks to provide services and if the road is closed, there are going to be problems. She has seen fuel trucks having a difficult time doing deliveries and she feels it is dangerous.   Alisa Cutter also noted this situation is dangerous for small children and unless there is a large turnaround to compensate for the road closure, it would not be safe for ambulances, fire trucks and delivery trucks. Ms. Cutter stated she was concerned that this issue had been discussed without initially advising the residents. Bill Hatch stated that discussion was brought forth, but nothing has been decided at this point. Steve Bissette stated the residents are concerned the decision is going to get pushed through to close it. He stated he lives in the middle of the hill and in the winter he sometimes cannot make the hill. He feels it is not feasible to close the road as it is so narrow. Tony Bissette stated he thought Mr. Baker discussed the culvert with someone else indicating the road was going to be closed. Elaine Bissette stated this has been a problem for years and should have been taken care of years ago. Tom Schmelzenbach stated a dead end road would be the criteria for a cul-de-sac and there would have to be a proper turning area. He stated this was just an option; however, none of the preliminary engineering has been done and was simply an option suggested. Mr. Schmelzenbach stated in discussing this with an expert, if the town were to armor one side, it would increase the velocity of the river and would likely take Barlow Avenue out.  He has discussed this issue with an engineer and there is an agreement that there would need to be armoring on both sides of the river. He noted Public Works has limits and there are other areas in town that have different issues that he needs to address sooner. The road was open today and the issue of the culvert will be addressed with the Town Manager and the Board at a later date.  Alisa Cutter asked if the top portion of the road will be considered as well to take care of the safety issues. Tom Schmelzenbach stated Barlow Avenue will be evaluated in its entirety and the town has to consider two way traffic. He noted there will be other areas of concern with the repairs, as the road will have to be widened, however, when there are any proposed plans brought before the Board, the residents will be notified.  Keith Arlund stated he spoke with Ms. Cutter, but there is a specific Vermont law to give up a road and that includes a public hearing to all of the residents on that road.  There can be no formal action to throw up the road without a proper hearing and notice.  Chris Bucher stated he also felt the town is a little slow on doing anything about the road. Steve Bissette stated there should be a large area for a fire truck to be able to turn around and there is no way there is going to be that much area for that to happen.

8. Education Report

Kellie Patten stated the last day of school is Thursday, June 18^th, which will include a half day for Kindergarten through 5^th grade. The 6^th grade graduation is Wednesday, June 17^th and will be the last day of school for those students. The Kindergarten celebration will also take place on June 17^th. This evening the Graduation Challenge event will be taking place at Neshobe School.  Ms. Patten noted school will start again in August and as of July 1^st; Judi Pulsifer will take over as Principal of Neshobe.  The Board wished John Dilts a restful retirement.

9. Public Works

Tom Schmelzenbach stated there will be a public meeting on June 18^th on the North Street project for the adjacent property owners at the town office at 5:30PM and he has advised the residents of this meeting. Richard Baker stated for the record that Tom Schmelzenbach and he attended a meeting with the engineering consultant for the Segment 6 right of way to determine the next steps for the right of way clearance. There is some fine-tuning to be done and the challenge is to show VTrans that it should not take 33 months to complete a right of way. Tom Schmelzenbach stated the water hook up for the town hall will take place during the second week of July. Bruce Brown questioned if all parties are lined up for this project and Mr. Schmelzenbach stated he is coordinating this effort at this time. Mr. Schmelzenbach noted he has received a couple requests, with one relating to a tree cutting on Pearl Street. He had brought this to the Board's attention as there was a question of whether it was on town or private property, as well as the fact that it was one of the trees in the Segment 6 project to be preserved.  Mr. Schmelzenbach discovered at a recent VTrans meeting that the tree was being preserved as a courtesy to the owner, therefore, if the owner wishes to cut it down it would be acceptable. There has been a request to close the road if the tree is to be cut. Mr. Schmelzenbach stated the tree is not on town property. Bruce Brown noted this is a different circumstance than last discussed. Phil Frassica stated the primary reason for taking the tree out is due to the fact it is a Norway Maple and is a junk tree. Mr. Schmelzenbach stated an arborist had previously indicated it was not a Norway Maple, but it clearly is a Norway Maple. It was the consensus of the Board to allow the cutting of the tree, subject to the coordination of the road closing with Police Department and Public Works Department. Mr. Schmelzenbach advised there is a plan to place a truck at each end of the road to close the road off. Mr. Baker stated that it is a good time to remove the dead oak at the end of that road. Mr. Schmelzenbach noted this item is slated for removal during a project that will be discussed at a subsequent meeting. 

10.  Police Department Report

Chris Brickell introduced the Department's newest officer, Frank Spaulding, who recently graduated from the Vermont Police Academy. Officer Spaulding has completed his training and is currently getting his certifications, with a completion date of June 17^th.  He has spent a few days on the road and Chief Brickell is pleased to welcome Officer Spaulding to the Department. Chief Brickell also introduced Cody Taylor, who is a member of Brandon's Police Explorers. The Explorers are now under the direction of Otter Valley's SRO and she has taken on the task of revitalizing this organization. Cody has a lot of interests and helps organize the other members. He has expressed an interest in law enforcement. He has graduated from OV and Stafford Technical and has completed many on-line certifications. Cody will be joining the Coast Guard in October and had expressed an interest in doing an internship with the Brandon Police Department, which he will begin on June 22^nd.   Bill Hatch welcomed both individuals to the Police Department. Chief Brickell noted the Department has a good group of Explorers and they are looking for things to do in the community to help out. Richard Baker noted the Board would like to thank the Police Department for spearheading Public Safety Day and he also wished to recognize the Boy Scouts, the Rescue Squad and the Brandon Fire Department for their efforts in this event. It was a good event and took a lot of work to organize and was a good opportunity for Officer Spaulding to meet some of our citizens. Chief Brickell wished to thank Sue for all her efforts in organizing the event for the Police Department. 

11. Committee Report/Announcements

Kellie Patten stated there has been good progress made on the Steven A. Douglass House and a grand opening is scheduled for Labor Day weekend.  The public is encouraged to visit and see the work that has been completed on it. 

Richard Baker stated the Rutland Region Transportation Council will meet on June 25th in the Leahy Conference Room at the Rutland Regional Medical Center beginning at 7PM, with the focus of the discussion being how projects will be staffed and tracked.

Richard Baker stated the listers have lodged the abstract grand list on Thursday, June 11^th and notices of change have been sent to the property owners. He noted there may have been a misunderstanding in the process, as any property owner has until June 25^th to submit a letter to the listers if they feel that their appraisal does not look right. Hearings for the grievances will be scheduled for Friday, June 26^th from 8AM to Noon and on Monday, June 29^th from 8AM to Noon and from 4PM to 7PM.  Mr. Baker stated it was found during the grievance and appeal process that there had been some errors and the purpose of the hearings is to see that all property owners are equitably treated. He encouraged people to be sure that they understand what their appraised values consistent of and if not, to please check with the listers. Mr. Baker noted one must grieve their appraisal in order to be able to appeal.

Bruce Brown reported Thursday is the annual Feral Cat Committee's fund-raising lunch and dinner at Cattails Restaurant. For anyone who brings either cat food or cat litter to the event, they will receive a discount on their next meal at the restaurant. Mr. Brown also reported the Tree Committee will be meeting on Wednesday at 5PM at the Carriage House Bookstore. Mr. Baker reported the Old Brandon Committee will be meeting on Thursday. 

12. Old/Other Business

Richard Baker stated now that the town has a new Town Plan, he would suggest having a combined meeting with the Planning Commission to discuss the approach to the revisions to the Land Use Ordinance.  Bruce Brown stated there was a revised packet with red changes that was never approved and they are still working on a 2-year-old plan. Richard Baker noted there was some interim zoning that had been adopted, which ends two years from the adoption date. Bruce Brown stated the document with the red writing was not acted upon and he wanted to make sure the Planning Commission was going to take the document that had been approved and work from there.  Mr. Baker stated the world of zoning in Vermont is changing in September and he felt that everyone should be working from the same baseline document. Mr. Baker noted the decision had been made to have a global ordinance and everything is in the unified Land Use Ordinance, however, in some areas, there are things that are not appropriate. Bill Hatch will contact Ethan Swift to coordinate a meeting with the Planning Commission at one of their regular meetings, which could also be warned as a Special Select Board meeting.

Bruce Brown wanted to make sure the Back Yard Project had not been forgotten.  He wanted to clarify the grant the Chamber or the town is to apply for. Mei Mei Brown stated the Historic Commission stated there are 13 town that can apply for additional grants due to downtown designation status. This program had $18,000.00 that had to be spent by June 30^th and a memo was sent out from Historic Preservation questioning if there were any shovel-ready projects. Ms. Brown noted the town hall project could use this money to finish the portico work.

Ms. Brown noted the deadline for the FY09 applications is June 30^th, with approval by July 15th.  Historic Preservation contacted Mei Mei Brown and encouraged her to complete an application. She stated the town applied for a grant from Historic Preservation and it was denied, however, the person that reviews grant applications indicated the town should have probably received the grant last fall and in good faith, she provided an application. Ms. Brown noted there could also be money available for the Stephen A. Douglass House and she would like to see both of the applications submitted and asked if the Select Board would consider submission of both applications. 

Janet Mondlak stated she recently found out about this money and she was not aware of the town hall issue.  She had started on the application and then found there was a controversy with the town hall also wanting to apply.  She is concerned if neither of the projects is applied for, someone else from another town will submit an application and Brandon will not get any of the money. The Stephen A. Douglass project would be an exact match for a Priority 1 project grant.  Mei Mei Brown stated there was an email received today indicating there is $6,000.00 remaining and they have been advised there is another town who will be applying for money as well.

Richard Baker stated he would agree that the Stephen A. Douglass project would have beat out as a Priority 1 project.  He does not see the Heritage project bringing as much as the Stephen A. Douglass project. Mr. Baker felt it is time to have a get-together with all the organizations in town who work in conjunction with the Select Board to share information.

Motion by Richard Baker/Kellie Patten to authorize the Town Manager to sign both applications and allow the Historic Preservation group to make the determination of who will receive a grant. The motion passed unanimously – 3 to zero. 

Richard Baker noted the grants are for shovel-ready projects and the issue with the portico project is that if the grant is not received at this time, the money will not be available once the project is complete.

Motion by Richard Baker/Bruce Brown to enter into executive session at 8:40PM for the purpose of discussing a contract issue. The motion passed unanimously – 3 to zero.

11.  Possible Executive Session

The Board came out of executive session at 8:45PM.  There were no actions required.

12. Adjournment

Motion by Richard Baker/Kellie Patten to adjourn the Select Board meeting at 8:48PM. The motion passed unanimously - 3 to zero. 

Respectfully submitted,

Charlene Bryant

Recording Secretary