Brandon Select Board Meeting

September 28, 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

1.  Call to order  

The meeting was called to order at 7:02PM by Bill Hatch.      

a) Agenda Adoption - Motion by Bruce Brown/Richard Baker to adopt the agenda with the following friendly amendment. The motion passed unanimously - 3 to zero. 

The addition of an Item 3(c) to consider the approval of P.O. # 22906 for cameras for the Police Department.

2.  Consent Agenda

a)  Minutes - Select Board and Board of Liquor Commissioners' Minutes of September 14, 2009

Motion by Richard Baker/Bruce Brown to approve the Board of Liquor Commissioners' minutes and the Select Board minutes of the September 14, 2009 meeting with the following correction. The motion passed unanimously - 3 to zero.

Under Section 8, Public Works, a correction to the individuals making the motion concerning the sale of the surplus equipment from Richard Baker/Mitch Pearl to Richard Baker/Bruce Brown, as Mitch Pearl had recused himself from this vote 

b)  Approve Errors and Omissions

This item was deferred to a subsequent meeting.

c)  Consider/Approve Economic Development Loan - BACC Loan Fund

Motion by Richard Baker/Bruce Brown to approve the economic development loan from the Old Brandon Village Partnership to Mallory's Inc. in the amount of $2,000.00.  The motion passed unanimously - 3 to zero.

3.  Fiscal

a) Warrant - September 28, 2009 - $47,257.58

Motion by Bruce Brown/Richard Baker to approve the warrants as stated. The motion passed unanimously - 3 to zero.  

b)  Consider DPW Sander - P.O. #50961 - $5,150.00

Motion by Richard Baker/Bruce Brown to approve the P.O. #50961 for the DPW sander for purposes of discussion. 

Tom Schmelzenbach stated this is a piece of equipment for applying sand to sidewalks.  The town had a similar piece of equipment that was recently sold, as it was beyond its useful life. Mr. Schmelzenbach has discussed this item with Mr. Arlund and he has researched the various options and he believes this will serve the town best. This is ruggedly made and is not motorized, and has a good warranty. Mr. Schmelzenbach advised he looked into some other options that could be installed on a trailer and run by an electric or gas motor, however, he felt there were too many moving parts and would present future maintenance issues. Richard Baker stated there is no purchase order in the Board packet and questioned who the vendor would be and whether this option had the freight waiver. Mr. Schmelzenbach advised the vendor is ATEC and if approved, he would be able to take advantage of an offer to waive the freight charges that would normally be $500.00. Mr. Schmelzenbach stated this item has minimal controls and is a drop sander, as opposed to a spinner sander. He noted that given the type of sidewalks in Brandon, this machine could be used satisfactorily and with much less material than using the spinner-type sander. Tom Schmelzenbach stated the hopper is metal and it has a 10-year warranty for rust. He did note the Public Works Department maintains the equipment to the best of their ability.  

The motion passed unanimously - 3 to zero.

c)  Consider WatchGuard Cameras - PO #22906 - $10,349.00  

Motion by Richard Baker/Bruce Brown to approve P.O. # 22906 in the amount of $10,349.00 for two DVD recorders and related equipment for the police cruisers. The motion passed unanimously - 3 to zero.

Richard Baker stated this is the only stimulus money that the Town of Brandon has captured and it is hoped that this equipment will enhance the safety of both the officers, as well as the individuals who are involved with the officers and in helping to capture any evidence related to incidents. 

4.  Education Update

Kellie Patten stated the next PTO meeting is scheduled for October 5^th, with Superintendent John Castle attending to provide the PTO with an update. The Innisbrook orders are due September 30^th, orders can also be placed on-line year round. There will be no school for the students on October 21^st, 22^nd or 23^rd due to teachers' convention. The NECAP testing starts next week and the Everybody Wins Reading Program starts in October. The Halloween Parade will be held on October 30^th in the center of town. The school will be sending in the first round of box tops and the public is encouraged to send box tops to the school. Ms. Patten stated Neshobe will be participating in the Hannifords and Price Chopper school programs.   

5. Town Manager's Report

Keith Arlund stated he will be attending meetings in Montpelier this week. On Wednesday, VTrans will be conducting a Right-of-Way seminar and on Thursday the VLCT will be holding its Town Fair.  Mr. Arlund noted that Richard Baker is the voting member for the town during the policy meeting. 

6.  Citizen's Public Forum

There was no discussion held. 

7.  Public Works

Tom Schmelzenbach stated a lot of the department's operations have to do with roadside drainage and some corrective actions, as this has been a very wet year. There are some areas that will need more extensive work done next year. The department is also preparing for winter. Mr. Schmelzenbach is preparing some projects for the next year’s construction season.  Richard Baker stated there were a couple of real heavy rains and he would like to know more about the statutory authority of the town as it relates to improperly installed driveways. He noted it is prohibited to deposit snow on the traveled way in the winter, however, there is excess water being deposited on the roads, as a result of these driveways. Mr. Baker stated it bothers him that the town continues to repair improperly installed driveways, due to these driveways washing out into the roads because there are no culverts or there is not proper entrance to the road.  In addition to degrading the road, it has a tendency to redirect the flow into peoples' basements. He stated the town either needs to stop fixing these driveways at the town's expense or bill the property owners for the repairs. Bill Hatch questioned if there is any precedence for billing owners and Mr. Baker stated this would be part of the research that the Public Works Director should do. Mr. Baker stated it is not fair for the entire town to bare the brunt of repairing people’s driveways. Tom Schmelzenbach stated there were some examples in the VLCT information concerning the liability when a drive culvert has met its life expectancy.  He feels the town in the past has not followed through enough to make sure that these drives have proper drainage and the town has assumed some liability for making corrective actions.  He stated there is a road on Birch Hill that is facing development proposals and prior to issuing drive permits; he has approached the firm and expressed a desire to have additional cross culverts. The developers are willing to work with the town to prevent what has happened elsewhere in town.  Richard Baker stated he appreciates this information and he would like Mr. Schmelzenbach to research the statutory authority concerning the other driveway issues.

8.  Committee Report/Announcements

Kellie Patten reported that Archer Mayer's new book is out tomorrow and he will be at the Briggs Carriage House on October 8^th.   The town hall continues with the Wednesday Night movies. This Friday there will be no movie due to the Harvest Ball. Ms. Patten stated there are some writers in the area who are starting a Writers' Group and will include people of all abilities. For anyone interested in joining this group, they will be meeting the first Wednesday of each month at the Ball and Chain Cafe.   

Richard Baker questioned whether anyone on the Board had anything that they would like him to bring up during the business meeting at the VLCT convention on Thursday. He noted that due to a lot of communities with volunteer fire fighters having a hard time retaining and recruiting fire fighters; he will be proposing that consideration be given to allowing a $5,000.00 assessment exception, allowable under Title 32, for fire fighters that are active the prior calendar year; subject to voter approval. Kellie Patten questioned if this could apply to EMTs as well and Mr. Baker stated it would be up to the municipality and could be any volunteer emergency responder. Mr. Baker stated there is a growing awareness that it is becoming difficult to find emergency volunteers. 

Richard Baker stated there will be a partial reenactment of the Lincoln/Douglass Debate of 1858 held at the town hall on October 17^th beginning at 2:00PM.  Mr. Baker noted this event is being held in conjunction with a student debate tournament being held at OV.  

Richard Baker stated there are economic development activities taking place in Brandon that includes a major economic development, if approved, will create 180 new jobs.

Bruce Brown stated if anyone still wishes to purchase tickets to the Harvest Ball scheduled for this Friday night at the town hall, they can contact Mei Mei Brown.

Mr. Brown reported the CERF Foundation has donated $5,000.00 to the town hall.  He noted that many upgrades have been done to the town hall that includes recently waxed and buffed floors. Mr. Brown noted there will be a film shown next Wednesday night.

9. Old/Other Business

Richard Baker stated the regularly scheduled October meetings would be the 12^th and 26^th, however, the 12^th is a holiday. It was the consensus of the Board to hold the October meeting on the 19^th, with the option of calling a special meeting, if required.  This meeting will be held at the town hall and will begin at 7:00PM. 

Richard Baker stated at the last meeting, the Board had revised the prices for solid waste. 

Motion by Richard Baker/Bruce Brown to adopt the entire Transfer Station Pricing Schedule.

A suggestion was made to publish the entire schedule in the newspapers. Bruce Brown stated he hopes there will be a box board container installed prior to the increase in the prices.  Richard Baker stated the town is nearing the start of the 4^th year of having contracted out this function and it has been a good thing. He noted the town was losing $30,000.00 - $40,000.00 per year in this area and the town is now ahead.

The motion passed unanimously - 3 to zero.  

Keith Arlund stated he had included in the Board packet an email from Janet Mondlak concerning the town report.  Last year everyone was required to submit a new petition and he questioned if this was how the Board wished to proceed.  It was noted that this is a policy of the Board for new petitions to be submitted and Mr. Arlund noted he will advise Ms. Mondlak of this decision. 

Bruce Brown questioned if there is a problem with the town's web page and Mr. Arlund noted that currently the web site is down.

Bruce Brown stated there is a Teen Night scheduled for October 30^th at the town hall and he noted the Friends of the Town Hall had not been notified of this event. Mei Mei Brown has requested the Friends of the Town Hall group be advised of future events that are scheduled to avoid double-booking of the town hall. Richard Baker stated he is under the impression that the Friends of the Town Hall are responsible for the scheduling of events at the town hall.  Mr. Arlund stated he will look into this situation.

Richard Baker advised that on October 3^rd in Central Park will be the Leaf People Event, which will also include a pie baking and pie eating contest. On October 10^th, the annual Artist Guild Auction will be held at the town hall.

Mr. Baker stated a major milestone has been reached in the Route 7 construction project. On Wednesday, the State of Vermont will begin the bidding process for the Segment 5 construction that starts at OV and ends at the Fire Station.  The bids for this project will be due October 16^th and work is to begin as soon as possible next spring.  He noted there are about 14,000 hours of flaggers for traffic control. Mr. Baker also stated this work will be fully coordinated with the property owners. 

10.  Possible Executive Session

There was no executive session held.

11. Adjournment

Motion by Richard Baker/Bruce Brown to adjourn the Select Board meeting at 7:45PM. The motion passed unanimously - 3 to zero. 

Respectfully submitted,

Charlene Bryant

Recording Secretary