Brandon Select Board Meeting

December 14, 2009

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

In Attendance: Richard Baker, Kellie Martin, Mitch Pearl, Bill Hatch, Devon Fuller

Also in Attendance: Keith Arlund, Tom Schmelzenbach, Chris Brickell, Linda Stewart, Wayne Rausenberger, Lee Kahrs, Janet Mondlak, Allan Mace-Leavitt, Jeff Stewart, Ann Bransfield, June Kelly, Gordon Dritchillo, Jim Leary, Judi Brown, Tom Brown, Alyssa Zollman

1.  Call to order  

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

Bill Hatch welcomed Devon Fuller as a new member of the Select Board, filling Bruce Brown's position for the remainder of this term.

a) Agenda Adoption

Motion by Richard Baker/Mitch Pearl to adopt the agenda with exception of #11 and renumbering the final three items accordingly. The motion passed unanimously - 4 to zero. 

2.  Consent Agenda

a) Minutes - Select Board Minutes of November 23, 2009 Meeting and December 1, 2009 Special Meeting

Motion by Mitch Pearl/Kellie Martin to approve the minutes of the November 23, 2009 Select Board meeting and the December 1, 2009 Special Select Board meeting, with a correction to Linda Stewart's name in the December 1^st minutes. The motion passed unanimously - 4 to zero.

b)  Errors and omissions

Motion by Richard Baker/Kellie Martin to approve the errors and omissions. The motion passed unanimously - 4 to zero.

Richard Baker noted that A. Johnson Lumber Company is the final item on the handout and it was determined they have been taxed on 46 acres they do not own.

3.  Fiscal

a) Warrant - $133,892.84

Motion by Richard Baker/Kellie Martin to approve the December 14th warrant in the amount of $133,892.84. The motion passed unanimously - 4 to zero.  

Richard Baker noted there is an item for $348.40 for a taxpayer for the current tax year and there is a similar adjustment due from the previous year and this will be done with the December 28^th warrant. 

4.  Education Update

Kellie Martin stated Neshobe School will be on holiday break from Wednesday, December 23^rd through January 3^rd.  On December 17^th, the OV Music Group will be at Neshobe School. The Middle School concert is scheduled for tomorrow night beginning at 7:00PM.   

5. Town Manager's Report

Keith Arlund stated the Solid Waste District is requesting consideration of a two year extension for transportation and disposal for Casella.  He is inclined to have the District put this out to bid and he has emailed the director.

Mr. Arlund stated the Public Service Board will hold a site visit regarding the Emerson solar panel this Thursday at 3:00PM at the Emerson residence on 752 Prospect Street.  Immediately following this visit, there will be a hearing on this subject at the Fire Station.  

Mr. Arlund provided the Board with a first draft of the FY11 budget, along with a memo summarizing this items.  He noted there will need to be a budget workshop scheduled. 

6.  Public works

Tom Schmelzenbach stated he does not have specific items to discuss but would be glad to answer any questions the Board may have.

7.  Committee Reports/Announcements

Richard Baker stated there will not be a Transportation Advisory meeting held this month.  

Keith Arlund stated June Kelly of the Recreation Advisory Committee was present to discuss items relative to their activities. June Kelly provided an update on recreation events.  The Committee is continuing the existing programs and working with community members. Ms. Kelly stated Shawn Smith has been a great help.  Some of the programs will include Winter Carnival at the Snow Bowl, a skating park at the wastewater treatment plant property, adult volleyball and line dancing.  They will be hosting teen events at the Police Academy and adult basketball and aerobics in conjunction with Pittsford. A draft of the recreation proposal for an Estabrook Park hiking trail that would be eligible for a grant through the Vermont Recreation and Parks Department was discussed. Ms. Kelly advised the grant is due by January 15^th and requires approval and a letter from the Select Board, as a $20,000.00 match is required. Tom Schmelzenbach is approximating the perimeter trail to be about 3200 feet at Estabrook Park. There have been meetings with the Vermont Youth Conservation Corp. and the preliminary figure for the project is $50,000.00.  There were eight different RFP's sent to area excavation firms to bid. Initial design plans were developed with the help of the Youth Conservation Corp., which would have a grade 5% or less to make it user accessible. Ms. Kelly stated the Committee  welcomes any input and they have a draft of the grant proposal. They have had conversations with the Vermont Forest, Parks and Recreation and it is felt the project looks good. She stated they are looking at Estabrook Park as a large focal point for community events. Mitch Pearl asked if she has a drawing of the proposed trail and Ms. Kelly stated Tom Schmelzenbach is currently working on this. Mr. Pearl suggested once they have something that looks good, it could be posted on the web site for people to view.  Ms. Kelly stated it was hoped that they could obtain approval from the Select Board before the end of December in order to complete the grant. Richard Baker stated the Select Board has given guidance to the Town Manager with regard to the budget and he questioned where the matching funds would come from. June Kelly stated there is $17,670.00 in the Recreation budget for parks. Keith Arlund stated this was the balance of the pool fund and is a possible source of the funding. June Kelly stated they also sent out 9 support letters to community organizations to ask for support. They also plan to do some public relations work and provide information to the town paper. Bill Hatch asked if there is a high level of confidence in obtaining the grant. Ms. Kelly stated she can not give 100% assurance, but she had a good conversation with the Vermont Forest and Parks. She stated this has been a year's worth of work in putting this together. Richard Baker asked if in-kind services could be used towards the match and she noted that they would be eligible. She also discussed with the Vermont Youth Conservation Corp. and they could provide their match in kind. Kellie Martin asked why they are doing the skating rink at the wastewater treatment property and not on Seminary Hill. Mr. Schmelzenbach noted that he mentioned to Ms. Wiles that the skating rink had been there in the past, however, he is unsure who made the final decision. Devon Fuller asked if they see a need for more parking. June Kelly stated maybe down the road it may require additional parking, but it does not appear to be a stressor at this time. Ms. Kelly stated this was a goal to make this an all user trail system. She talked with the Rutland Community work crew and for the cost of materials they are coming tomorrow to move the door to the visible side of the pavilion. Richard Baker stated if we have limited resources and a facility that needs to be made user-friendly, should the funds be used for this instead.  June Kelly stated they are working on that as well. Richard Baker stated this brings to the surface that we don't have a viable improvement plan for the recreation committee and if we have only $17,000.00, perhaps further consideration should be made on where to spend the funds. Devon Fuller stated perhaps with the addition of the trail, it would create opportunities to bring additional monies for recreation. June Kelly stated the challenge on the grants is that they are time consuming and as far as the pavilion, they will know better what to do once they have received an estimate. She noted this trail could also be a cross country trail in the winter. Bill Hatch asked what type of surface is being proposed for the trail. Tom Schmelzenbach stated it is a surpac surface and at this point if it were a cross country ski trail, there would not be the formality of upkeep in the winter. June Kelly stated in the winter it would be cross country skiing or snowshoeing and would not be kept open for walkers. Ms. Kelly stated the Recreation Committee is more of an advisory group and she is hoping the Select Board will consider this for the budget and also put into place a part-time recreation person. Ms. Kelly stated it is important to get the support of the Select Board. Keith Arlund stated he will write the letter for review by the Select Board. Keith Arlund stated when the grant application is finalized, the entire packet will be presented to the Select Board for consideration. 

8.  Consider Community & Economic Development Committee

Richard Baker stated the intent of this letter was to invite a group of people who have the expertise and background to attend a focus group meeting to determine what direction to move forward with community and economic development. This meeting may open up the opportunity for one or more committees for these people to serve on. There are various levels of interest in the community and Mr. Baker stated all groups should be solicited. Kellie Martin stated in looking at all of the emails and notes provided, Ms. Martin provided a suggested group of people in an attempt to put together a group of members to have a balance and a mix of backgrounds and knowledge. Mitch Pearl asked if the focus group would determine how the committee will be structured and what they will be doing. Richard Baker stated the idea is to have the Select Board step back and have a group of community members determine how to move forward with economic and community development. Mr. Baker stated there is a family that is uprooting themselves out of the state because VT Tubbs closed and they cannot find satisfactory work to support their family. He noted this has a ripple affect throughout the community and these are some of the issues that have to be attacked. Mitch Pearl feels that a focus group is a step back and he does not know why it is better than setting up an adhoc committee to determine what the focus of economic efforts would be. Mr. Pearl agrees with the need to do something and the Board's inability to move and he agrees that part of the reason is that people have different ideas on economic development, which is why having a committee is a way to de-politicize the process; however, he feels that having a focus group first is just a way to delay the appointment of a committee.  If the committee feels it needs to solicit more information from the public, they could do that. Mr. Pearl is inclined to appoint a committee and determine how to solicit information, rather than have a focus group. Richard Baker stated he does not disagree with Mr. Pearl, but he feels that if a committee is appointed, that committee is a creature of this Select Board and from that point on, they will have more constraints on how they proceed. A committee is an extension of this Board, but a focus group is people that develop the ground rules.  A committee would have to adhere to the same rules as the Select Board as far as warnings, minutes, providing agendas, etc.. Janet Mondlak stated the town's downtown designation status calls for a corporation or a committee and it was learned at the last Select Board meeting that the corporation is not tied to the downtown designation and right now the town is not fulfilling that part of designation status. If the corporation is not attached to the designation status, the town has to have a committee, a locally appointed board and a charge for the downtown development. The Select Board has a charge that they are not fulfilling and Ms. Mondlak does not understand why they cannot set a committee and go on to determine what is needed to be done. At some point it is going to catch up with the town that it is not fulfilling this item and she feels they should appoint the committee. At the last meeting, they asked the people to show up or submit at letter and Ms. Mondlak wanted to hear what happened with the corporation or what failed to happen. Keith Arlund stated in the original 24 Center Street downtown designation, they already had corporate status and during the redesignation, it was referred to as the Brandon Downtown Corporation, or registered as 24 Center Street. At that time there was a board of directors and it appears that the technical status of the corporation with the Secretary of State lapsed. It could be reinstated or a new corporation developed. Richard Baker stated that this corporation was initially set up to demolish the Green Block and the Secretary of State's office canceled the corporation on May 20, 2005. Mitch Pearl stated the reason for reincarnating the corporation back to the beginning would be if there were any claims against it. Richard Baker stated since it was a special purpose entity and was fulfilled, it would be cleaner to just register new. Devon Fuller stated these issues could be answered by a committee. The committee could decide whether it is beneficial to either refile or create a new corporation. Mr. Fuller felt it would be best to start a committee with the points in Mr. Baker's letter as a starting point for the committee. Mr. Fuller felt that the more people to start the better. Jim Leary advised that the 24 Center Street paperwork has been filed with the state and the fees have been paid and it is now an active corporation. Richard Baker stated this may not be the vehicle that this committee will want to continue with. Janet Mondlak questioned when the downtown designation came up for renewal, was that committee tied to the revitalization effort and Mr. Arlund stated it was. Ms. Mondlak stated if there is a renewal every 3 years, this item will be coming up again soon. Keith Arlund stated he does not have the renewal date this evening, but he does have this information available. Richard Baker stated perhaps a downtown committee and a focus group could be developed. Kellie Martin stated we have assurance from the state that they are fine with the downtown designation. Bill Hatch stated there is no immediate danger of losing the downtown destination. Kellie Martin stated there are economic opportunities in other areas than just the downtown and we need to make sure that whether it is a focus group or a committee,they are looking at not just the downtown. Bill Hatch stated we currently do have a corporation, albeit recently reinstated. Janet Mondlak heard maybe there should be a committee to do a broader look and then a committee for downtown. Mitch Pearl stated the adhoc committee should determine the best way of meeting our obligations for the designated downtown and determine what the structure of any permanent economic body should be. Mr. Pearl likes the idea of an adhoc committee as it can solicit opinions, bring people in, research the issues that have been raised, determine the best way to move forward and come to the Select Board with recommendations. It seems that would be the most efficient way to move forward. Mr. Pearl stated perhaps we should take 24 Center Street and do a change to "d.b.a.", but if there are a group of people to study it, it could be done in a relatively short period of time. Drew Whitney stated that we do need a committee and  Mr. Baker's idea is good, but there has to be someone to conduct the focus group. Kellie Martin stated she is agreeable to have it be an adhoc committee, rather than a focus group, as it would provide an opportunity for them to meet several times.  Kellie Martin stated that Mr. Pearl's term of an adhoc group implies more than one meeting and for the purposes of keeping them flexible to meet their task, an adhoc group would be more appropriate. Lee Kahrs had the idea this would be a firm committee. Bill Hatch stated that the people who have submitted notes of interest do in fact belief it is an economic development committee.  The thinking behind this has evolved to a point where that may be premature. Devon Fuller thought that there was going to be an economic development committee started to talk about economic development and satisfy the downtown designation. Mr. Pearl is not sure that there is a consensus of what an economic development committee should do for the long term and he envisions it meeting more than once or twice. The committee would report to the Select Board on what kind of body should exist in town, what sort of professional staffing the town should employ and what needs to be done for the downtown designation.  If the committee suggests there should be an Economic and Community Development Committee, the Select Board would appoint it with a charge and then take the recommendations with regard to professional staffing within budgetary constraints and implement it. Kellie Martin stated with this approach, there would never be a standing committee this large, but it would mean more of the people who are interested would be involved in shaping the permanent committee.  This would help give the permanent committee direction and set the parameters. Devon Fuller stated an adhoc committee would get a lot of people involved, as a permanent committee could have a burn-out factor. The adhoc committee gives people the opportunity to remove themselves from the group prior to determining the final committee. Janet Mondlak recommended the first meeting be with some professional people from the state to let the group hear what needs to be done. She feels the committee needs to start with one thing and do it well and move on. Ms. Mondlak feels it can evolve from the bottom up and perhaps have Mr. Arlund contact the state. Ms. Mondlak stated the more activity the better and the subgroups could be broken down by an executive committee. She feels that they should not shut the door on anyone.  Devon Fuller is willing to contact the experts from the state and contact the people who are interested in participating. Kellie Martin feels someone on the Select Board should be part of this process and REDC should also be involved and some other non-Brandon based players should be included to offer their suggestions. Wayne Rausenberger  agreed with Janet Mondlak that all people who are interested in being on the committee should be included. Richard Baker stated it is unworkable for a committee to be 30 people. Mitch Pearl felt everyone who is interested could initially be invited to the group and then the committee itself could work out the size desired. Jim Leary, Kevin Thornton, Alyssa Zollman and Ann Bransfield indicated they are also interested in being on the committee. Kellie Martin stated the Select Board wants the  committee to be broad based and include long-term and newer residents with an age-based spectrum to be as diverse as possible. Devon Fuller stated everyone needs to be invited and then let the committee determine how it is going to be structured.  There are people who are concerned and interested, and Mr. Fuller agrees with Janet Mondlak and Wayne Rausenberger. A suggestion was made to appoint Devon Fuller, Jim Leary, Lynn Saunders, Bernie Carr and Janet Mondlak as an executive adhoc committee. Kellie Martin stated at the last meeting, they were going to recruit and approach more than a few people to be on the committee. Jim Leary stated his concern is that in having the Board members cherry pick people creates a bias. Kellie Martin stated in looking at any committee, it is hoped that we have as many interests represented as possible.

Motion by Mitch Pearl/Kellie Martin for the Board to establish an adhoc economic community development group consisting of all persons who have been  identified as wanting to participate, either orally or by written communication, to the Town Manager by January 1, 2010. The adhoc economic development group will have an executive committee with Devon Fuller as Interim Chair, Bernie Carr as Interim Vice-Chair, Janet Mondlak as Interim Secretary, and Lynn Saunders and Jim Leary as members of the Committee.  The Committee should meet at the earliest practical time, which will be a publicly warned meeting. At the first meeting, the rules of operation will be determined and the charge of the committee will be to determine how the town will best meet the requirements with regard to downtown designation and determine what type of committee and/or staff structure the town of Brandon should employ going forward for the purpose of economic and community development. 

Richard Baker stated it would be better to have the executive committee to do more of what is in the motion. Mitch Pearl stated he wanted to make sure there is a process for people to get involved and the committee can work this out once they meet for the first time. He wanted to make sure that everyone who has indicated an interest are initially involved. Kellie Martin stated she is hopeful that by the 28,  the committee will have a date, time and location for their first meeting. Devon Fuller will contact Bernie Carr and Janet Mondlak to determine if they want to be Vice-Chair and Secretary of this committee.

A friendly amendment to the motion was made to remove all designations except Devon Fuller's designation. The Select Board also requested a committee report at the December 28^th meeting. The motion passed unanimously - 4 to zero.  

9. Consider Basic Emergency Operations Plan (formerly Rapid Response Plan)

Keith Arlund advised that Emergency Management has changed the form to make it compatible with the Incident Command System.  He stated relative to delegation of authority, he provided three people's names and indicated there there needs to be a letter written and incumbents noted who have been ICS trained. These delegates are necessary in the event of a large scale incident and he asked the Board m to consider these delegation.  Devon Fuller stated with regard to the rapid notification, the RNESU has an Alert Now system and he suggested this would be a more accurate means of notification, rather than door to door. Keith Arlund stated the Board is the legislative body and would be participating in this process, but there needs to be a specific chain of command in the event of an emergency. 

Motion by Richard Baker/Kellie Martin to adopt the Emergency Plan, with the stipulation the Town Manager confirms the details. This is to be distributed to the Planning Commission and Emergency Groups. The motion passed unanimously - 4 to zero. 

10.  Old/Other Business

Mitch Pearl noted there was a document concerning ancient roads in the Board's packet. Keith Arlund advised this is a project that is being worked on, as there needs to be a means of dealing with ancient roads established. Richard Baker noted the state has been struggling with this issue and this information is what the AOT feels needs to be done. Currently, these details are more for information than action and a process is being developed for taking care of ancient roads. 

Richard Baker stated in going back to the comments when June Kelly was talking about the recreation pavilion; another item that was signed off was the Capital Improvement Plan in 2003, which is way out of date. The statutory responsibility is with the Planning Commission and he is bringing this forward as it would be helpful for the town to have a Capital Improvement Plan to assist with a funding profile and would also assist the Recreation Advisory Committee as far as how to spend the resources.  He does agree with Devon Fuller in that leveraging the money to develop the trail will allow leveraging more money, but the pavilion is currently in need of repair. Linda Stewart stated the Planning Commission is working on the by-laws and they are aware the Capital Improvement Plan is out of date. Keith Arlund stated the Recreation Committee is working very diligently on a Master Recreation Plan and they did have the roof evaluated. The cost for this project is $12,000.00, as it will need sub-roofing.  

Richard Baker stated there are over 90 communities that have formed energy committees and he submits that Brandon is remiss in not encouraging people to develop an energy committee to identify sources and resources for energy projects and plans. Ann Bransfield stated the Planning Commissions has also recommend an energy committee be formed. 

Keith Arlund stated the Fire District has their annual meeting on January 11^th, which conflicts with the Select Board's first meeting.  He noted the Board will have to change the date and this will be discussed at the next meeting.

Keith Arlund provided the first draft of the FY11 budget and noted he is not quite on target and he will continue to work on it.  The department managers, specifically the Police Department and the Public Works departments have provided their input. There will be a  2.8% rise in health insurance premiums and some of the other insurances will be estimated. Mr. Arlund stated some assumptions are made. The Union contract dictates a cost of living adjustment of 4.5%.  He is continuing the public works staffing at four full-time people. The Building Maintenance position has been eliminated and discussions will be held on an alternative model for staffing. Tom Schmelzenbach has identified construction projects for next season. Mr. Arlund noted they are at the end of the infrastructure bond money after 3 years of significant work, with a balance of about $25,000.00. The Segment 6 construction match and corresponding interest is being held.  He has also put place holders into the equipment replacement fund, as there is a large equipment truck and two police cruisers that are at the end of their life cycle. They have bought the cars outright and will use a municipal lease for the capital equipment.  There is about $81,000.00 for the Equipment Fund and the General Fund Balance will be about $700,000.00. Bill Hatch questioned if the fund balance can be redesignated for specific purposes. Keith Arlund stated monies have been moved into the infrastructure, which had been approved. Richard Baker stated there are restricted and non-restricted designated funds. Keith Arlund stated in his primitive cash basis analysis that ended 6/30/09, there was a favorable balance of about $34,000.00. Kellie Martin asked if there is a natural growth of the grand list and Keith Arlund stated it may be about 1%.  Richard Baker stated the results have been received from the Board of Civil Authority hearings and there were enough grievances and appeals that may have offset the  organic growth for the coming year.  More research is required to determine what the consequences will be. Keith Arlund stated the CLA figures have not been received as yet. Keith Arlund has proposed, based on the work he has been doing with the Recreation Advisory Committee, there will be a part-time recreation position and at this time it is not seen as a benefit-eligible position. The wages line in the Public Works Department includes four people, but it is not certain that this will be the recommendation, however, it is very tight with three people to run this department.  There will be an analysis of the Center Street Bridge and a figure has been suggested. There is a grant match for Bridge 23 on Wheeler Road. Mr. Arlund also advised that the town had applied for a stimulus grant for resurfacing McConnell Road, but were not successful. The Park Street sidewalks item is included as a phase-type project. The figures for sand and salt are estimates and fuel remains volatile. Mr. Arlund advised they do not have all of the appropriation numbers in.  Mr. Arlund suggested scheduling a meeting to review the budget. Kellie Martin questioned the status of the audit and Mr. Arlund advised they were here Thursday and Friday, however it is not complete. A budget workshop meeting was scheduled for 7:00PM on December 17^th  at the town office.

11.  Citizen's Public Forum

Drew Whitney stated she has been asked by the Boys and Girls Club to bring regular updates to the Select Board. She represented the Brandon area teens when the group came before the Select Board with recommendations for the Boys and Girls Club. They have created a club that served 65 - 70 children per day in the summer and offered activities such as soccer, basketball and lacrosse during their summer camp. This was run in collaboration with the SOAR Program. There are about 40 children per day attending after school and about 25 dinners per night are served.  The fee for joining the Club is $15.00 per year. They also collaborate with the Brandon Artist Guild. They would like to request to be put on the ballot for $10,000.00 for 2010.  They are also collaborating with the Recreation Advisory Group. Ms. Whitney noted the Recreation Department provided $8,750.00 to the Summer Program this year and hopefully, this type of funding can be provided for next summer.   Ms. Whitney also reported the Jingle Bell Jaunt was held on December 6th and was sponsored by the Brandon Inn, the See Mommy Run Group, the Brandon Recreation Department and the Neshobe School.  There were 90 children who participated and this year there was more of an emphasis on the spirit of giving, with approximately $1,000.00 raised for the Toy Drive and much food collected for the food drive. Ms. Whitney wished to thank the volunteers, Keith Arlund, Anna Scheck, Tina Wiles, Shawn Smith and the Brandon Police Department for their help with this event. 

Richard Baker encouraged the public to donate to the Boys and Girls Club. He noted it is a worthwhile program in town worthy of donations. It was noted that donations made to the Boys and Girls Club can be designated to fund Brandon's Club.  

Motion by Richard Baker/Kellie Martin to recess as the Select Board to convene as the Board of Liquor Commissioners at 9:40PM.  The motion passed unanimously - 4 to zero.

The Select Board reconvened at 9:44PM.

Motion by Richard Baker/Kellie Martin to enter into executive session at 9:44PM for the purposes of discussing contracts. The executive session will include the Town Manager and the Chief of Police. The motion passed unanimously - 4 to zero.

12.  Possible Executive Session - Contracts

The Board came out of executive session at 10:10PM.   There were no actions required.

13. Adjournment

Motion by Richard Baker/Kellie Martin to adjourn the Select Board meeting at 10:11PM. The motion passed unanimously - 4 to zero. 

Respectfully submitted,

Charlene Bryant

Recording Secretary