Brandon Select Board Meeting

November 9, 2009

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

In Attendance: Bill Hatch, Richard Baker, Kellie Patten, Mitch Pearl

Also in Attendance:   Keith Arlund, Chris Brickell, Anna Scheck, Tom Schmelzenbach, Linda Stewart, Wayne Rausenberger, Lee Kahrs, Jim Leary, Ethan Swift, Ann Bransfield, Helyn Anderson, Drew Whitney, Devon Fuller

1.  Call to order  

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

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

2.  Consent Agenda

a)      Minutes - Select Board Minutes of October 19, 2009

        - Board of Liquor Commissioners Meeting of October 19, 2009

       - Board of Sewer Commissioners Meeting of October 19, 2009

Motion by Kellie Patten/Richard Baker to approve the minutes of the October 19, 2009 Select Board, Liquor Commissioners and Sewer Commissioners meetings. The motion passed unanimously - 3 to zero.

Richard Baker stated for record purposes, the Liquor Commissioners and Sewer Commissioners minutes should also be ratified during the next meetings held by the Sewer and Liquor Commissioners.

b)  Park Street Road Closures - Jingle Bell Jaunt - December 5^th

Motion by Richard Baker/Kellie Patten to approve the closure of Park Street on December 5^th for the Jingle Bell Jaunt.  The motion passed unanimously - 3 to zero.

c)  Fairpoint Pole Location - Wheeler Road

Motion by Richard Baker/Kellie Patten to approve the Fairpoint pole location on Wheeler Road. The motion passed unanimously - 3 to zero.

3.  Fiscal

a) Purchase Order #11729 - Yearly Assessment Maintenance - $9,000.00

b) Approve Municipal Bond Loan ACH Payment - $193,807.75

c) Approve 1994 Series 1 WW Bond Loan - ACH Payment $5,938.75

d)  Errors and Omissions Approval

e)  Warrant - $78,483.28 of November 9, 2009-11-09

Motion by Richard Baker/Kellie Patten to approve the Purchase Order #11729 in the amount of $9,000.00 to APAS for support to the listers in maintaining the grand list through June 30, 2009, payable on a monthly basis. The motion passed unanimously - 3 to zero.  

Richard Baker stated the purchase order should be adjusted to show the entire amount of $9,000.00 and not just the first month's figure.

Motion by Kellie Patten/Richard Baker to approve the Municipal Bond Loan ACH payment in the amount of $193,807.75. The motion passed unanimously - 3 to zero.  

Motion by Richard Baker/Kellie Patten to approve the 1994 Series 1 Waste Water Bond Loan ACH payment in the amount of $5,938.75. The motion passed unanimously - 3 to zero.  

Richard Baker stated it should be noted for the record that this is another item that will need to be ratified at the next Board of Sewer Commissioners' meeting.

Richard Baker noted there are questions relating to Item D, therefore, this item was deferred to a subsequent meeting.

Motion by Richard Baker/Kellie Patten to approve the November 9^th warrant in the amount of $78,483.28. The motion passed unanimously - 3 to zero. 

4.  Education Update

Kellie Patten stated that Sunday, November 15^th, the PTO will be hosting its annual fundraiser, The Party of All Parties, from 11AM to 1PM.  There will be vendors from many of the home parties, such as Partylite, Avon, Pampered Chef, Tupperware, etc. and everyone is invited to come and shop. A portion of the proceeds will be donated to the PTO.  Parent Conferences are scheduled for this Thursday and PTO will be providing teachers and staff with dinner.  This week is also the Book Fair at the school.  There will be no school for the students this Wednesday.  On Wednesday, November 18^th, the Everybody Wins Celebration will take place. There is a Cyber Safety Program scheduled for November 19^th and the school's Thanksgiving dinner will also be served that day. The Thanksgiving break is scheduled for November 25^th through the 27^th.  Ms. Patten noted there are many items collecting in the school's Lost & Found and she urged parents to visit the location when they are at school. The Neshobe School Board will meet tomorrow night and one of the main topics of discussion will be holiday decorations, diversity and related matters.  The School Board is going to hopefully come to a resolution on this matter. 

The Otter Valley Theater Department will be performing the play, Joseph and the Amazing Technical Dreamcoat, on November 19^th, 20^th and 21^st, as well as a special 2:30PM matinee on Sunday, November 22^nd. Pre-performance tickets are on sale at Carr's Florist at a reduced rate and they will also be sold at the door.

5. Town Manager's Report

Keith Arlund stated J. A. McDonald was given the notice to proceed with work on Segment 5 of the Route 7 project and people should be seeing more activity soon.  The REDC annual meeting is scheduled for this Thursday in Rutland and the VLCT Annual Trust meeting is planned for this Friday. Mr. Arlund noted he was advised the insurance rate increase will be in the single digits this year, if the rates they submitted to the state are approved. 

Richard Baker asked about the status of the draft budget.  Keith Arlund reported he has been speaking with department heads and he has developed the wage and salary information for the next year. He is waiting confirmation on the insurance figures. 

6.  Citizen's Public Forum

Helyn Anderson was present to discuss the issue that Jack McKernon had brought up at the last meeting concerning public officials placing themselves in a precarious position and she noted this was directed at Richard Baker. Ms. Anderson questioned Mr. Baker if he was going to resign from the Board and the Route 7 Steering Committee or anything in connection with the mall that might be construed as a conflict. Richard Baker stated he does not intend to resign and he does not know of anything coming before the Board that should create a conflict and if such a matter should arise, he will recuse himself from those discussions. Ms. Anderson's major concern is his seat on the Route 7 Steering Committee and she feels if someone could benefit from being a member, most officials would step down when they are involved in a project. Kellie Patten stated there are instances, such as Item #9 on this evening's agenda, where she will recuse herself because this item is in her neighborhood. There have been occasions when all of the board members have had to do this, if there is an area where a board member might have an interest. Richard Baker stated he will adhere to the statutes. Drew Whitney stated she does not understand what Brandon's role is in the Brandon Plaza. Kellie Patten stated the only thing would be the allocation of the sewer capacity. She noted that during this discussion, Richard Baker left the table and the rest of the Board reviewed this item and those minutes are available to the public. Richard Baker stated in any Act 250 proceedings, the town is a part and ordinarily that does not happen unless there are issues with it. Drew Whitney questioned if the Department of Public Works, the Fire Department, etc. are involved in the permitting project. It was noted it is the responsibility of the applicant to obtain letters from those departments and submit them to the proper authority. Kellie Patten stated the departments do not need to provide a letter of approval, rather the impact the project will have on the various departments such as the water and the fire departments. The sewer is an allocation, which is spelled out in the ordinance. She stated that personalities do not come into play and the ordinance is such that regardless of what is being done; it must be determined whether the right steps have been taken and if the fees have been paid. Richard Baker stated that under Vermont statutes, the Select Board does not have authority over the town's employees. As far as the municipal impact statement, this is a standard form.  Helyn Anderson noted the Select Board approves the Land Use Ordinance. Kellie Patten stated the Select Board and the Planning Commission have spent a vast amount of time on the rewrite of the ordinance and they are getting ready to review the ordinance again. The Planning Commission will present the Plan to the Select Board, after which there will be hearings and an opportunity for input into these documents. This process has worked well in the past and there had been good discussions. Helyn Anderson stated she was impressed with the Land Use Ordinance and noted it encouraged growth in the downtown and she questioned what Richard's rationale was to sell to an out of town person.  Richard Baker stated he had very little to do with the Town Plan and he noted it has been a matter of public record that this property was for sale since 2003. Mr. Baker also advised other members of municipal bodies are automatically removing themselves, whether they support or oppose the development.  

Drew Whitney questioned if a coordinator had been hired for the Recreation Department. Keith Arlund stated he has discussed this with the Select Board and with the Recreation Advisory Committee, but a decision has not been made to move in this direction. There has been a person hired for field maintenance and he has worked with the Recreation Committee in other areas. Drew Whitney stated at the August meeting, the Select Board agreed that it would be a good position to uphold. Kellie Patten stated that one item discussed was a job description and she does not recall seeing a job description from the Recreation Committee since that time. Richard Baker stated there is not enough money in the budget for a Recreation Director.  Drew Whitney stated that when this issue was discussed, it was not felt that the money was being well spent, but it was not discussed to cut the Recreation Department completely. She asked if there has been a follow-up since that meeting and Bill Hatch noted there was discussion, but there was no vote on this position. Richard Baker stated there has not been a recommendation to hire a coordinator.  Drew Whitney stated a coordinator would be well utilized and she was under the impression that a part-time position would serve the Recreation Committee well. Kellie Patten stated a posting cannot be done until a job description is developed. It was noted the Board approved $8,700.00 for support of the Boys and Girls Club for students' scholarships and it does not leave a lot of money to pay a position. It will be a topic for the budget discussions, but there is no budget in the current fiscal year. Kellie Patten stated the Recreation Committee is completely voluntary and she does not know what has been going on at that level, but a job description has not been presented. She stated that would be the first step to the process and she is assuming they are looking at job descriptions from similar towns. Richard Baker stated if the voters support a full-time Recreation Director position, the Board would likely back it. Jim Leary stated previously it was not felt that the money was being well spent in the Recreation Department. Keith Arlund stated we have encouraged people to participate in the Boys and Girls Club as the town has funded this program with scholarships. Kellie Patten stated the Recreation Committee has been working cooperative with the Boys and Girls Club. Devon Fuller questioned when this funding was done and Keith Arlund stated it was before the program started. Drew Whitney stated since there isn't any money for the Recreation Coordinator position perhaps it could be budgeted for the future. Keith Arlund stated of the $15,000.00 in the budget, there was the $8,700.00 commitment to the Boys and Girls Club and some monies were used for equipment. The funding for field maintenance has been paid through the part-time park maintenance and a portion is coming out of the Recreation budget. 

Chris Brickell stated the Police Department is going to host an Identity Theft discussion at the Brandon Free Library on November 24^th at 6:30PM.

Helyn Anderson questioned if the town still has the designated downtown status. Bill Hatch stated the town still has the downtown designation status and Keith Arlund is still the acting Economic Development Officer. The town has advertised for this position, however, there has not been a qualified candidate found. Richard Baker stated there was a public meeting held concerning downtown designation that he attended and will discuss later in the meeting. He noted it is not the responsibility of the town or the Select Board to see that the downtown storefronts are filled.  He stated there could be many economic development officers, but if the rents are not reasonable, it will be difficult to fill those storefronts. Drew Whitney stated she hopes the Board considers advertising again for the economic development officer position. Mitch Pearl stated a job description was developed in conjunction with the Chamber of Commerce and it was advertised, however, there had been very little interest. The position is still listed on the web site. Mr. Pearl also noted the Board has worked with many people to develop a job description and has tried to fill this position.  

7.  Rutland Re-development - Tom Macauley Fiber Optic Network

Tom Macauley of Fiber Optic Network provided a handout to the Board concerning a proposed fiber optic network. Mr. Macauley is the Director of the Rutland Re-development Authority and they are proposing development of a network to the City of Rutland and surrounding towns, similar to what is being done on the other side of the state where there are 22 towns who are building a telecommunications network. He has presented the proposal to Proctor, Fair Haven, Poultney, Mendon, Killington, Pittsfield, Middlebury, Pittsford, Rutland Town, Rutland City, Brandon, West Rutland and Castleton.  They are proposing to build the system with its own computer hub for telephone, television and Internet. In addition to the services, there will be revenue sharing with the towns. This would provide an infrastructure and provide monies to the general funds in the communities. He provided a list of the benefits to being in the project and a draft letter that he would ask the town to place on the town's letterhead and send to him, if the town is in agreement. They intend to obtain financing through the federal government and there is no risk to the taxpayers. The state statute 24 VSA 1913 states the taxpayers cannot be put at risk when building a project of this type. He stated they are trying to make it as painless and lucrative as possible to the towns, as well as no recourse to the taxpayers. Mitch Pearl questioned how the infrastructure would work in Brandon and who pays for getting it to individual addresses. Tom Macauley stated there is no fee to getting it to the town roads or to peoples' houses that are close to the road. He noted there will be no stockholders or dividends paid and once the  infrastructure is paid for, there will be profits paid to the towns. It is thought that it will take about 4 years before a profit is realized, but once there are 8900 customers, it would start to be profitable. He stated there will be universal access and they are averaging the distance between houses and with the best estimate, if there are better than 12 houses per mile, the project can be profitable. Richard Baker asked why Burlington is not doing this due to the number of houses in that area. Tom Macauley stated with regard to Burlington, they have borrowed $50 million for a project that should have cost $38 million, as the amount of underground utilities was greater than thought. Mr. Macauley also noted it is felt the economics of this project works better than the Montpelier to Woodstock area. He stated they are looking for a non-binding letter of intent from the town. He noted if high tech companies move to the area, they may want to live in the rural areas and any dollars that are generated from an economic development process will benefit everyone. Linda Stewart stated it appears the subscribers will be paying for the service, with the benefit going to the town. Mr. Macauley stated there will be better band width and higher speeds at about the same cost. With Burlington Telecom, when they offered the triple play no other companies were offering that, but now Verizon and Comcast are now offering it, so by being a new competitor, it will also help to keep the competition's cost down.  Wayne Rausenberger asked how long it will take to do this project and Mr. Macauley advised it is thought that within two years they will have everyone hooked up who wants the service.

Motion by Mitch Pearl/Kellie Patten to authorize the Town Manager to make any necessary changes and sign the document.  The motion passed unanimously. 

Tom Macauley stated there will also be a board that they are asking each of the towns to have a representative participate in. The meetings will take place bi-monthly.

8.  Appoint Interim Select Board Member

Bill Hatch stated there are a couple of requests that have been received from individuals who are interested in filling the interim position until Town Meeting, due to the recent departure of Bruce Brown. 

Richard Baker stated he feels that both candidates should be provided an opportunity to speak with the Select Board. Kellie Patten also felt the Board should have the opportunity to discuss the position with both candidates.  This item was deferred for discussion later in the meeting. 

9. Certificate of Public Good - Solar Panel Application

Kellie Patten recused herself from discussion of this item, due to the subject being in her neighborhood. 

Richard Baker stated the Board has 30 days to provide an answer to this request. Ethan Swift stated he reviewed some of the statutes and came to the conclusion that the municipalities cannot regulate something by the Public Service Board. There are opportunities for the town to weigh in pertaining to the natural surroundings, streetscape, etc. He stated that in looking at the application for the Mt. Pleasant area, the Planning Commission feels the project is somewhat incompatible with the nature of the Mt. Pleasant development. This is an accessory structure and there are certain performance standards the town would consider, such as the scale of the project, glare, aesthetics, and economic impacts. There is concern about the nature of the Mt. Pleasant development. When owning property in this development, there is an easement and restrictions on what is allowed and not allowed. The Planning Commission feels it warrants enough concern to send a letter to the Public Service Board. Richard Baker stated he does not believe the statutes have caught up with the real world and the town had more input on Velco than this project. He does not feel it should affect local aesthetics and this project has the ability to stand 11 feet high. Ethan Swift stated the Planning Commission does endeavor to encourage more alternative energy, where appropriate. Richard Baker stated we have the responsibility to protect the marketability of the property owners and the developer. Mitch Pearl stated if there are covenants in place, the property owners may have a cause of action. He feels the Public Service Board does take into account aesthetic factors and people who are affected should participate in the public service hearings.  Richard Baker questioned what the next step is and Ethan Swift stated the deadline for comment is November 13^th. Richard Baker stated normally the Public Service Board posts a legal warning and he has not seen this. Mr. Swift thought they are first seeking input and the town was listed as a party to the project, as well as the adjoiners. Keith Arlund asked Ethan Swift to summarize the Planning Commission's concerns and Mr. Arlund will summarize the town's concerns.  Mr. Swift stated the town has been concerned about new development and if this were something regulated by the town, there would be an application for performance standards and he feels there is basis for comment on this. Mitch Pearl stated the reason for placing this with the Public Service Board is to assure uniform state standards. The Public Service Board is acting as a quasi development review board and the town needs to advise them there should be uniform state standards, but aesthetics also needs to be considered. Kellie Patten stated this is a commercial power plant and they are not doing this just for their house. This power plant is completely out of place and out of character as this is a residential area. She stated she does not want to look at this and a couple of trees are not going to screen something that is 11 feet tall. Ann Bransfield stated she is the next door abutter and it will be glaring at her house. She stated the trees are little stakes in the ground and she is strongly opposed to this due to property value and aesthetics.   

Motion by Richard Baker/Mitch Pearl to authorize the Town Manager to express the Board's concern.

Wayne Rausenberger stated he was under the impression if one has solar panels and you over process, one can sell back only 10%. Richard Baker stated this is not the case anymore. Mitch Pearl stated if you have a certificate of public good through Act 248, they have to take the power back. Devon Fuller stated that he agrees with Kellie Patten and Ann Bransfield that the property values would decrease with the addition of this item. He noted perhaps the Planning Commission could help find another spot to locate this project. It was noted, however, this item is a private property owner's project. Richard Baker stated the Public Service Board's process completely bypasses the regulations of the municipality's process.  Ethan Swift hopes the Public Service Board does due diligence and if the town weighs in on it, they understand there is some precedent that needs to be set.   

The motion passed unanimously - 3 to zero.

10.  Public Works

Tom Schmelzenbach stated he is working with Mr. Arlund on the sewer infrastructure for Segment 5 that falls outside the Class I highway and advised that he will be providing information on this subject at the next meeting, which will need the Board's decision. He has received a letter from Theresa Gilman on how to pursue this and it will fall within the time frame of the next Select Board meeting. 

Richard Baker stated there are a fair number of street signs and speed limit signs that are skewed and he requested that the signs be straightened. Helyn Anderson stated she didn't realize there is a jog in the new sidewalks in Forestdale and she wanted to alert the town that this is a danger for someone who might be walking in that area after dark. 

Tom Schmelzenbach stated the department has a snowplow plan that will require discussion with the Board.  

11. Committee Report/Announcements

Richard Baker stated there will be a ground breaking ceremony, as after 12 years of planning the reconstruction of Route 7 will be starting. The governor has expressed an interest in attending and it will be a public event, with a reception at the fire station.

Richard Baker stated Brandon was one of the earliest designated downtowns and is celebrating its 10th year. He attended a statewide conference in Middlebury and he felt relieved that some of the other towns are going through some of the same issues; however, Brandon is starting to see some progress. Mr. Baker advised the facilitator from the meeting visited Brandon and met with several of our current businesses and he stated that it is interesting to see things through someone else's eyes.  He noted the facilitator will be visiting again in the spring to continue discussions.  

12.  Old/Other Business

Mitch Pearl questioned the status of the box board recycling and Keith Arlund noted it was not done yet; however, he will call them again to request the status of this issue.  

Richard Baker stated a question was raised at the last Select Board meeting concerning re-development funds. He advised in late 1998, someone donated an antique car, which the sale of this generated $1,300.00 for a revolving loan fund that is to be available to businesses and is co-administered by the Chamber and the Town. When the Brandon Village Partnership grant was closed out, there was $4,000.00 remaining that was added it to the $1,300.00, and these funds have been recycled several times to such businesses as the Nutting House Antiques, Visual Learning Company, Woods Market Gardens, Jim and Nancy Leary, Mallory Automotive and Cattails Restaurant. Richard Baker stated businesses are encouraged to contact Janet Mondlak if they are interested in applying for these funds. 

Mr. Baker stated another item of discussion was in the area of community economic development. The town had an economic development person on the payroll for 62 months and that individual chose to retire in 2007. This position was not filled at the time; however, in April and June of this year, the town advertised for a position, however, the responses received were from individuals in the consultant field. The Chamber of Commerce has also been looking and during earlier conversations, there was a misperception between community and economic development. He stated it is unreasonable and unrealistic to expect the Town Manager to do this on his own and part of the downtown designation requirements is to have a designated group. Mr. Baker stated this type of group only works when there is engagement by the private sector. Mr. Baker provided a proposed description for a Community and Economic Development Committee that outlined what the mission, tasks, composition and funding would be (See attachment). He stated this would be designed to spread out the workload and there is money in the budget to provide administrative support for the group. The ultimate objective would be to attract businesses to the town. Mr. Baker stated there is a bigger revolving loan fund that is currently not being utilized. He encouraged the Board to consider this proposal and continue discussion at a subsequent meeting. 

The Board decided to defer the discussion of Item 8 to the next Select Board meeting and to provide the applicants the opportunity to address the Board. 

13.  Possible Executive Session

There was no executive session held.

14. Adjournment

Motion by Richard Baker/Kellie Patten to adjourn the Select Board meeting at 9:15PM. The motion passed unanimously - 3 to zero. 

Respectfully submitted,

 Charlene Bryant

Recording Secretary

ATTACHMENT 1

 TOWN OF BRANDON, VERMONT

COMMUNITY & ECONOMIC DEVELOPMENT

 Establish a committee to provide a structured approach for the Town of Brandon in the areas of Community and Economic Development.

 Mission:         To identify, understand, pursue and implement any and all meaningful opportunities for community and/or economic development for the Town of Brandon.

 Tasks:             Act as a clearinghouse for information and questions/concerns expressed by current or potential residents, businesses or partners organizations.

                        Oversee the activities or one or more individuals or organizations assigned to perform designated tasks in support of the CED's mission.

                        Report to the community, as appropriate, the progress and results of individual activities through various media and means.

                        Seek, prepare, support and administer applications for grants, loans, or other appropriate means of fulfilling the CED's mission.

 Composition: A core group of 5 to 7 members, appointed by the Select Board. One member would be a member of the Select Board and another member would be the Executive Director of the BACC (or other individual designated by its Board of Directors). The remaining members should include (but are not limited to) community members with local businesses or appropriate professional training or backgrounds.

                        As many individual groups/teams/task forces as are appropriate to fulfill specific tasks will be established on an ad hoc basis.

 Funding:         Administrative support and associated costs would be provided from the Town's Economic Development line item. Additional funding may be drawn from the Brandon Revolving Loan Fund or other sources, in accordance with approved policies and procedures.