Brandon Select Board Meeting

July 27, 2009

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

In Attendance: Richard Baker, Bruce Brown, Kellie Patten, Mitch Pearl

Also in Attendance:   Keith Arlund, Tom Schmelzenbach, Anna Scheck, Chris Brickell, Wayne Rausenberger, Lee Kahrs, Brenda Fizur, Bob Kilpeck, Debbie Connors, John Connors, Paul Houle, John Andrews, Charles Lamoureaux, Susan Lamoureaux

1.  Call to order

The meeting was called to order at 7:02PM by Vice-Chair - Richard Baker.      

a) Agenda Adoption – Motion by Bruce Brown/Mitch Pearl to adopt the agenda as written. The motion passed unanimously – 3 to zero. 

2.  Consent Agenda

a)  Minutes – Select Board Minutes of July 13, 2009

Motion by Mitch Pearl/Bruce Brown to approve the minutes of the Select Board meeting of July 13, 2009.  

Mr. Baker noted for future Select Board references, it would be helpful for the formal minutes to reflect the actual tax rates for the various items noted. Mitch Pearl suggested attaching the document reflecting the rates to the minutes of that meeting for historical purposes.   

The motion passed unanimously – 3 to zero.

b)  Approve Errors and Omissions

Motion by Mitch Pearl/Bruce Brown to approve the errors and omissions as noted.

Richard Baker stated the reason for errors and omissions is due to the fact the formal Form 411 had been submitted to the State of Vermont and now tax bills can only be adjusted based on decisions by the Board of Civil Authority or through errors and omissions. Mr. Baker noted the grand list should be based on actual conditions as of April 1^st and with regard to the Newton property, the garage had burned down and this was not reflected in the tax rate.  The second item under consideration is the common land owned by Country Club Condos, which was categorized incorrectly and we would like them to share in the paying of the taxes. In another case, the individual’s veteran’s exemption was not reflected correctly. In the case of Parcel 0016, this was owned by the Brandon Fire District #1 and was inactive. When the abutter purchased the property, the listers had included it in their homestead, but it is separated from their property by the Neshobe River, making a natural subdivision and they have requested a separate tax bill.  

The motion passed unanimously – 3 to zero.

c)  Approve Marshall and Swift Computer Cost Tables

Motion by Bruce Brown/Mitch Pearl to approve the Marshall and Swift Computer Cost Tables as noted. The motion passed unanimously – 3 to zero.

It was noted that this is the basis for the work done by the listers. Mitch Pearl questioned why this required a Select Board action and Mr. Baker noted it is a state requirement. 

3.  Fiscal

a) Warrant – June 30, 2009 - $50,484.89

Motion by Mitch Pearl/Bruce Brown to approve the warrant of June 30^th in the amount of $50,484.89.  The motion passed unanimously – 3 to zero.

Richard Baker noted this warrant is intended to clean up invoices for expenses incurred during the last fiscal year.   The amount on the agenda was incorrect and the actual amount is noted in the motion.

b) Warrant – July 27, 2009 - $66,076.24

Motion by Mitch Pearl/Bruce Brown to approve the warrant of July 27^th in the amount of $66,076.24.  The motion passed unanimously – 3 to zero.

Richard Baker stated he would like to offer for consideration that the Town Manager meet with the Prudential Committee to discuss and coordinate business going forwarded.  He noted Brandon Fire District #1 is revisiting its business practices and historically a lot of work was done in town on a word and a handshake, however, any entity that is consuming public service should reflect the actual cost, which was noted in one of the warrants approved. Mitch Pearl agreed with this suggestion and noted that the numbers appear to be somewhat arbitrary and a better way of doing business should be discussed.  Mr. Arlund agreed to contact the Prudential Committee concerning this item.  

4.  Education Update

Kellie Patten stated the first day of school will be August 26^th.   

5. Citizen's Public Forum

John and Debbie Connors of 518 Prospect Street questioned if there had been an issue brought up regarding the clogged drainage ditch in front of their property. Since the fire hydrants were put in, the drainage ditch is clogged with overrun from the street and they asked if anyone is interested in coming by to view this. They did not know if the Board was aware of this situation and it is becoming a mosquito infested swamp. Tom Schmelzenbach stated he has discussed this item with the Town Manager and that conversation had not been continued. He provided the board members with a diagram, but had not resolved whether it is within the town’s right of way. Mr. Schmelzenbach will have further discussions with the Town Manager. He noted there are times when the town has to go outside the town right of way; however, he needs to get concurrence from the Town Manager.  Keith Arlund stated it appears this is outside the right of way and is on private property and he is not sure that it is something the town should undertake. Tom Schmelzenbach stated the water source is on both, the town and private property. There is also a town road that has a cross culvert on Prospect Street and is collected in a corner on Mt. Pleasant Drive and there is probably a contribution of water from this. The reason for this situation is because the road is higher than the adjacent property. Debbie Connors stated they did not have a problem with this culvert until something had been done with the fire hydrants. Mr. Baker stated that is something that has to be taken up with the owner of the development. Mr. Connors stated where this has become a swamp now, eventually it will become a mosquito breeding ground and he would like to have someone see it after a rain. Mr. Connors stated the road had been dug up and fire hydrants had been installed and the problem has gotten worse. He stated three years ago when they moved there, the culvert had not been clogged and had flowed, but the water does not go anywhere now.  Mr. Connors would like to hear the town say that they will do something about it, as they cannot afford to have this dug out. Tom Schmelzenbach stated he will work with the land owner and the town manager to research this item further. Debbie Connors stated it also flows through the Keatings property, as well as theirs and they tried to clean out as much as possible in the spring, but it is now overgrown. Richard Baker stated drainage in this development has been a problem, but if the issue has been caused by the developer, the issue is with the developer and not the town. Ms. Connors questioned who the developer is and it was noted that the developer is Tom Whittaker. Mr. Baker suggested the Town Manager; Tom Whittaker and possibly the Prudential Committee have a meeting to discuss this matter. Ms. Connors stated they also have a problem with the culvert that is under the Old Farm Road and the one that comes off from the pond. 

Wayne Rausenberger stated he had an incident with the sidewalk in front of Shapiro’s in which there was a pipe coming out of pavement that he tripped on and fell. Mr. Rausenberger stated he would like to see something done with the sidewalks in town. He stated it was his understanding that the blacktop was put down in 1999 and should have been a one-year fix and at this point he wondered what is the hold up.  Richard Baker stated the Route 7 Project should have happen in 2006 and the town fathers decided not to do work on items that are connected with the project, as they would be ripped up during the Route 7 Project. Mitch Pearl stated this project has been subject to delays and noted the Select Board is very angry about the delays and urged Mr. Rausenberger to contact the governor and the town’s representative concerning the Route 7 Project in Brandon. Kellie Patten also noted the Select Board has been lobbying hard for this.  Richard Baker stated Senator Jeffords had earmarked $15 million for the Brandon Route 7 Project, but the state has decided not to use it for this project. Mr. Rausenberger stated he was injured in the fall, but it could have been much more serious.  Tom Schmelzenbach stated he will address the sidewalk issue. 

John Andrews advised he is planning a small film production in late August and he wanted to advise the Board prior to this event to address any questions they may have. He noted he will be following some citizens around town on the public sidewalks and he will keep it as low impact as possible. The greatest impact would be an electric golf cart that will be used.  Richard Baker suggested Mr. Andrews discuss the details with the Town Manager.   

6.  Town Manager's Report

Keith Arlund stated Getcha Brothers completed the work on the sprinkler connection for the town hall today. North Country will be here tomorrow to do their final work, which will mean filling up the system and setting it up. He noted the portico fire escape was also signed off by the architect last Friday. 

Mr. Arlund advised he will be away on the dates for the scheduled meetings in August and suggested holding an August meeting on the 17^th, in lieu of the meetings on the 10^th and 24^th.  It was noted the 17^th was not a good date, as it conflicted with a previously scheduled meeting, therefore, further discussion will be held on the realignment of the August meeting schedule. 

7. Public Works

Tom Schmelzenbach provided the Board with information on what the department is working on.  He will be submitting a request relative to the Route 7 Project at the next meeting. He advised the flood ways for the Union Street Sidewalk Project may require action and he will advise the Board. The North Street and Pearl Street projects have progressed, with the main items having been accomplished and the paving done. The adjacent properties’ sidewalk and driveway matches to the pavement will be done. There are some outstanding issues and he will look forward to working with the property owners on those issues. Mr. Schmelzenbach feels the project went well and the disruption was kept to a minimum. 

Charles Lamoureaux questioned the purpose of raising the road and pitching the ground towards the houses so the water runs into his home. Tom Schmelzenbach stated the road itself did not increase in elevation, but the edges of the road were depressed and there was no drainage and had to be raised. Mr. Lamoureaux stated there were no drainage problems on the street until the Water Department placed new drainage in about four years ago. Tom Schmelzenbach appreciated Mr. Lamoureaux's statements and he will be glad to show Mr. Lamoureaux how this can be fixed.  He stated the slope of the road is continuous and will continue to the catch basin. The sidewalk is sloped to run into the road and into the catch basin.  There will be a winter sidewalk clearing issue and Mr. Lamoureaux's property is somewhat depressed and they may put in a drainage system to drain Mr. Lamoureaux's lawn area. Mr. Schmelzenbach’s intent is to place something that is not detractive aesthetically that would drain even better than before. Mr. Schmelzenbach stated there were 25 loads of material that came out of the road to prevent the new pavement from exceeding the height of the current pavement and there are a lot of matches that need to be made. They also relieved some material from Pearl Street, but on North Street there was significant effort to remove material to keep the center in profile to improve the drainage issues.  Mr. Lamoureaux stated there was no reason for this and the paving company had indicated they should not place as much pavement, and this error could have been avoided. Susan Lamoureaux stated she does not like the way she has to come out of her yard. Mr. Lamoureaux stated his house is now in a bowl and there is no place for the water to go. Ms. Lamoureaux stated where they have reseeded; one cannot walk into the area as it is too wet. It was noted that near Winely Hill, the road was lowered to compensate the height. Mr. Lamoureaux stated they are also in an aquifer and those issues were not discussed prior to this project. Tom Schmelzenbach stated there was a property owner meeting prior to the project. Mr. Schmelzenbach stated he does value the property owners’ concerns and a resolution will be arrived at off-site. He stated the issue of the top soil is due to the fact the project has only been finished to a point and he instructed the contractor to place the topsoil so that the property does not look ripped up, with the intent of repairing the issues discussed.  Susan Lamoureaux questioned if this is supposed to be a wheelchair accessible sidewalk. Tom Schmelzenbach stated the project is not totally finished and he hopes to construct an appropriate crossing with future grants that he is applying for. He will do what he can to reestablish the turf, as this is a continuous project based on getting additional grants to complete a good match for the sidewalk.  Richard Baker stated this project is also based on the developer of the Spring Pond Development running additional sidewalk at the other end. Tom Schmelzenbach stated he will work with the property owners to discuss a resolution to the problems. Mr. Baker stated he would like the Town Manager and Mr. Schmelzenbach to work with the property owners.  Mr. Lamoureaux stated when they ran the Vibropacker, his foundation had cracked and he would like to know who is responsible for that. Mr. Baker stated that would normally the contractor’s liability and should be documented.  Richard Baker suggested discussing this issue also with Mr. Schmelzenbach and Mr. Arlund.   

Paul Houle stated he has discussed the sidewalk with Mr. Schmelzenbach and he questioned if there is enough money from the grant to replace all of the drains for the property owners. Tom Schmelzenbach stated he will report to the Board on what the cost of these items will be and he will discuss it with the property owners. He noted the estimates for this project and the costs for the drains can be done without additional project costs. Mr. Houle stated he has a 12-inch lip that comes from Route 73 to Route 53 to the drain and his sidewalk pitches to the drain and goes to the corner. He noted that the water is sitting in everyone's driveways and he thinks it is going to be an issue this winter.

Brenda Fizur of Newton Road stated she also has the issue where the water sits at the end of her driveway and also at the end of Newton Road. Ms. Fizur questioned why there are always these issues after a project is almost completed and why are they not addressed prior to the start of the project? Richard Baker stated that the town has undertaken an aggressive construction project list and what might be useful is for Mr. Schmelzenbach to patrol the projects that have been completed and provide a punch list of items to the Board. Mitch Pearl stated there are usually items that need to be done after the completion of a construction project. Mr. Lamoureaux stated this appears to be a management problem on all projects and the town's people absorb the costs.

Paul Houle stated the Town of Brandon has been overseeing these projects instead of using contractors and in his experience, he has found that when trying to save money by cutting out services, usually it ends up costing more money. 

Mitch Pearl stated that Mr. Schmelzenbach has indicated he will work with the property owners and Mr. Pearl encouraged the property owners to work in cooperation with the Public Works Director to solve the problem. Richard Baker noted there are differences on opinions and the Board trusts the Town Manager will work through this issue.   

Richard Baker stated that relative to Segment 6, Tom Schmelzenbach is reviewing this issue with VTrans and will bring it to the Board at a subsequent meeting. 

8. Committee Report/Announcements

Bruce Brown reported the Tree Committee is discussing the creation of an ordinance and is reviewing ordinances from several towns in an effort to create a document for Brandon. Mr. Brown questioned if this should be part of the Land Use Ordinance or a stand alone ordinance.  It was felt the ordinance should be included in the Land Use Ordinance to make it as inclusive as possible.  Mr. Brown noted the Committee will draft the document and send to the Planning Commission for their review.

Richard Baker stated the Hawk Hill Management Team will meet at the end of August. He noted there will be a need for a replacement for the OV representative, as the person who has been engaged in this effort will be leaving the OV School Board.  Mr. Baker stated there are possibilities for public benefits in this area. 

Richard Baker advised the monthly meeting of the Rutland Regional Transportation Council will not occur this week and the next meeting will be held in August.  

Mitch Pearl stated there will be a meeting of the Friends of the Town Hall tomorrow evening at 7:30PM at the Town Hall. Anyone interested in helping to restore and use the town hall is encouraged to attend.  Mr. Pearl also noted there has been a lot of work done over the summer on the town hall, including the newly finished portico and interior painting; however, additional helpers are always welcome.

Kellie Patten stated Wall-E was recently shown at the town hall. Ms. Patten thanked John Andrews for obtaining the equipment for this event.

Richard Baker reminded the Board if anyone was available tomorrow night; there are six warned hearings for appeals to the grand list. Mr. Baker encouraged the members to attend.

9. Old/Other Business

Richard Baker recalled the Board had a request from Jeff O'Halla to be a member of the Planning Commission. Keith Arlund stated he did submit a letter requesting this, but it was not acted upon. Mr. Baker requested the Town Manager look into this matter and noted the appointment could take place at the next Select Board meeting.

Richard Baker also noted there was to be a kick-off meeting with the Planning Commission to discuss several items for updating the Land Use Ordinance. Mr. Baker wished to encouraged Bill Hatch and Ethan Swift to schedule something in the near future.  

Bruce Brown stated relative to the Churchill Bridge, given the Rutland Herald stated the Forest Service has been granted funds, perhaps Mr. Arlund and Mr. Schmelzenbach should contact them to see if they could assist with the bridge. Mr. Baker noted it might be difficult to obtain funds due to the need to finalize ownership and easement rights. 

11.  Possible Executive Session

There was no executive session held.  

12. Adjournment

Motion by Bruce Brown/Kellie Patten to adjourn the Select Board meeting at 8:07PM. The motion passed unanimously - 3 to zero. 

Respectfully submitted,

Charlene Bryant

Recording Secretary