Brandon Select Board Meeting

January 25, 2010

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

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

Also in Attendance:  Keith Arlund, Tom Schmelzenbach, Jim Leary, George Reilly, June Kelly, Chris Brickell, Lee Kahrs, Tina Wiles

1.  Call to order 

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

a) Agenda Adoption

Motion by Mitch Pearl/Kellie Martin to adopt the agenda as presented. The motion passed unanimously - 4 to zero. 

2.  Consent Agenda

a) Minutes - Select Board Meeting - January 13, 2010

Motion by Mitch Pearl/Kellie Patten to approve the minutes of the January 13, 2010 Select Board meeting. The motion passed unanimously - 4 to zero.

Mr. Pearl noted one change to Item 7 under Committee Reports and Announcements noting the Friends of the Town Hall will be meeting to discuss a realistic work plan, not a real estate work plan. 

3.  Fiscal

a) Warrant - January 25, 2010 - $71,578.71

Motion by Richard Baker/Kellie Martin to approve the January 25 warrant in the amount of $71,578.71. The motion passed unanimously - 4 to zero.  

Devon Fuller questioned the two invoices for CLD Consulting Engineers for the Route 7 project. Keith Arlund reported relative to the Route 7 project, Tom Schmelzenbach accumulates the work orders and submits the bills to the state. The state then sends the funds for these invoices and the town in turn pays CLD once payment is received from the state.  

4.  Education Update

Kellie Martin reported the next Neshobe PTO meeting will be held on Monday, February 1^st at 7:00PM at the Neshobe School library. The PTO is working on a fund raiser in conjunction with Schwan's. Ms. Martin advised people can also place orders on-line with Schwan's, indicating a Campaign ID # of 26763, which will provide credit to the Neshobe PTO for their fund raiser. Orders will then be available for pick-up on February 1 between 1:00PM and 7:00PM. Neshobe PTO will get a percentage of the gross sales. These funds will be used for the 5 and 6 grade end-of-year trips to help defray the costs. Ms. Martin reported there will be no school the week of February 15. She noted that during holidays, weekends and vacations; parents can rent cross country skis and snowshoes from the P.E. Department at Neshobe.    

5. Town Manager's Report

Keith Arlund is in receipt of a notice from the Superior Court relative to a hearing on the Chuck Mitchell assessment appeal.  

Mr. Arlund advised the Local Government Day will be held on February 24 in Montpelier. The VLCT schedules this day to provide towns an opportunity to visit the legislature to hear about legislation that will be impacting municipalities. Mr. Arlund stated if any Board members wish to attend, they should advise him soon, as the deadline is February 17.

6.  Public Works

a) Consider Discontinuance of School House Road - Forestdale

Tom Schmelzenbach provided details concerning this subject to the Select Board. Keith Arlund stated there is a statutory procedure for discontinuing roads and this data is being provided as information to consider dealing with this issue in the future, as it would require a hearing. Tom Schmelzenbach stated the Board would need to make a site visit and a hearing would be required for public comment. Richard Baker stated there was a previous recommendation to throw up School House Road.  Tom Schmelzenbach stated the right of way does not have a value for the future. Richard Baker stated this is a legacy road, as there used to be a school house there. Mr. Schmelzenbach stated there are a number of other roads he would like to consider, but he felt this road was ready for action.  Kellie Martin asked if they should consider all of the roads at once, rather than holding several hearings. Bill Hatch stated it would seem this could be deferred until a decision is made on what other roads Tom Schmelzenbach would like to throw up. Richard Baker stated this item was discussed a year ago and he thinks if this is a candidate, the action should be taken now. Keith Arlund will bring this item before the Board at a subsequent meeting.

b) Consider Adopting Highway Winter Maintenance Plan

Tom Schmelzenbach stated the VLCT suggests that towns develop a highway maintenance plan. He noted this would help guide the department, specifically with hours of operation.  It is very expensive to provide plowing services from midnight to 4:00AM and he has been providing this service as conditions are warranted. Mr. Schmelzenbach stated the plan is pretty general, but it would provide for an adopted policy. Keith Arlund stated perhaps sidewalks should also be included in the document, as they have an impact on the department.  Richard Baker stated he found this document counter intuitive, as it is not the intent of the Select Board to micromanage the town. It is up to management to accomplish this task without the Board having to tell them how to do it. Mr. Baker is concerned if this is adopted by the Board, they will have to be invited in for any changes. Mr. Baker sees this as an advisory document for the Board from the Public Works Department. Mitch Pearl asked why the VLCT recommends there be a policy such as this. Tom Schmelzenbach stated it had to do with a discussion on liability. Mr. Pearl felt with this policy, if it spells out specific items, it provides more of a chance for liability. Kellie Martin stated this has been how the Public Works Department has already been operating, but this provides a description of the work in writing. Richard Baker is concerned if it is authorized by the Select Board, it would be restrictive for the Public Works Manager. Kellie Martin sees this as the department's policy and not a policy of the town. Bill Hatch noted this could be a departmental plan, as opposed to a town policy. Richard Baker stated that the record should reflect the Select Board is apprised of the Public Works Department's plan.

c)  Consider Application for Excavation Permit E-242 (Brandon Plaza Associates, LLC)

Richard Baker left the Select Board table during the discussion of this subject. Tom Schmelzenbach stated the department issues permits for excavation and he is bringing this before the Board as he believes this is beyond what is normally issued.  He is unsure whether or not the Board needs to take the action; however, he provided all of the information so the Board is aware of this project. He included a map and a commentary that he will affix to the permit and noted in the past when there has been a request to close a road, the Board has weighed in on it. Keith Arlund stated this does involve closure of Route 7 and High Street. The roads will have to be closed with proper signage. Chris Brickell noted if the closure is for a short period of time, the local department could take care of it, however, if it is going to be for an extended length time, an outside vendor would handle the traffic control. Tom Schmelzenbach stated this will be handled by outside contractors and he will provide the police chief with the schedule. Mr. Schmelzenbach stated if the department had contracted this action, the Board would be aware it, however, this is an application coming in from an outside entity. Kellie Martin stated she assumed all permits stipulate that emergency services are notified. Tom Schmelzenbach stated these permits are most often used for driveways; however, he has included language that would be appropriate for this type of a permit. Keith Arlund stated when there are potential road closures, they do advise emergency people. Devon Fuller questioned if an excavation permit is obtained before receiving a building permit. Tom Schmelzenbach stated the town is not issuing the permit and this permit is only concerning the excavation in the town right of way. After completion of the discussion, Richard Baker returned to the Board. 

Tom Schmelzenbach advised he has also provided the Board with a listing of roads for posting.

Motion by Richard Baker/Kellie Martin to approve the road postings as noted in the document provided by the Department of Public Works. The motion passed unanimously - 4 to zero.

Tom Schmelzenbach urged the public to take caution in traveling, as there are a number of roads under water at this time.

7.  Committee Reports/Announcements

Kellie Martin advised sign up sheets for baseball will go home after February vacation. She is working with Shawn to make sure there is adequate equipment. Shawn will also help with the processing of applications. Street hockey will start in March and those sign up forms should be going out soon. The forms will also be posted on the web site. Sign up for baseball will be from February vacation through Friday, April 2^nd. Kellie Martin encouraged early registration to make the process run smoother.

Mitch Pearl stated the Friends of the Town Hall will have a meeting on Thursday, February 28th @ 6:30PM in the Brandon Library, which is a change in the date indicated at the last Select Board meeting. The discussion will include consideration of a work plan to fix the bathrooms and to discuss programming and the development of a Program Committee. Mr. Pearl noted they can use volunteers and anyone interested in helping is welcome to attend the meeting or they can contact Dennis Marden, Mimi Brown, Keith Arlund or Mitch Pearl. 

Richard Baker reported the monthly meeting of the Rutland Region Transportation Council will take place in the Leahy Conference Center at the Rutland Regional Medical Center this Thursday, January 28^th.  On February 4^th at 5:00PM in the conference room at the Stephen A. Douglass House, there will be a meeting of the Hawk Hill Committee to discuss working on a grant application to assist in a management plan for the real estate from the west of Union Street to Sugar Hollow Road, including the 400 acres that OV owns.

Devon Fuller reported there will be a meeting of the Economic Development Committee on February 3^rd at 6:30PM at the Stephen A. Douglass House. 

Keith Arlund reported there will be a meeting held in Montpelier for the VCDP grant relative to handicap accessibility and Cathy Rausenberger will be attending this meeting.

Tina Wiles advised the Recreation Committee has applied for two grants; one for the recreation trail through the Forest, Parks and Recreation for $20,000.00 and one through BYCC for partnering in building the trail in the amount of $5,000.00.  Ms. Wiles reported the Committee has a lot of programs in the works.  She noted there is Thursday night volley ball at OV North and the skating rink is up and hopefully by the weekend will be ice again.    

8.  Old/Other Business

Richard Baker stated at the last Select Board meeting of January 13^th, there was a motion to warn a hearing to discuss the interim zoning laws, however, publication statues were unable to be met.  The Board intends to move forward with the town action items discussed.

Motion by Richard Baker/Kellie Martin to warn a hearing to discuss the interim zoning laws for Monday, February 22^nd at 7:00PM.  The motion passed unanimously - 4 to zero.   

Keith Arlund stated Mr. Leary asked about the status of the Backyard Project at the last meeting. Mr. Arlund stated Jim Carroll has submitted right of way documents to the state for consideration. The total grant is for $232,125.00 and is an 80/20 split, with total grant monies being approximately $185,700.00. To date, $53,632.00 has been spent, with 80% grant monies totaling $43,905.00 and the town's 20% of $9,727.00. The town is moving forward with plans to construct a ramp behind the video store during the next construction season. 

Keith Arlund noted at a prior meeting there was discussion concerning an energy mobilization project headed by the Rutland Regional Planning Commission and Susan Schribeman. There was a meeting held on January 5^th relative to this item. Gary Meffe and Ethan Swift from Brandon and have been involved with this project and they are setting up a local community committee that will assist residence with energy visits.  This is a volunteer committee and members of the committee will receive training through Efficiency Vermont, which will enable them to visit property owners and advise them of some energy-saving ideas. Mr. Arlund advised there are funds available through Neighborworks Vermont to support this effort. Mr. Meffe is heading this effort in Brandon and he has received an MOA to send to the Rutland Planning Commission. Mr. Arlund advised there is no financial commitment required from the town. 

Mitch Pearl suggested continuing discussion of the budget or scheduling another budget workshop. Richard Baker suggested discussing the budget after all other business is completed this evening and if the Board is unable to complete the discussion, a workshop could be scheduled at that time.

Richard Baker stated relative to Mr. Arlund's previous comment concerning the Superior Court assessment notice, Mr. Baker advised that he will be attending the hearing that will be held on February 9.  Mr. Baker noted he is working with the consultant that the listers now have and he plans to meet with them tomorrow. 

Richard Baker noted that petitions have closed for voter solicited items for the ballots. The Brandon Senior Center has petitioned for only a 5-year renewal for their municipal portion and since they had a prior 10-year exemption, they may not have been aware that with the passage of Act 68, that is a bifurcated article on the ballot. He stated the Select Board has the authority to place an item on the warning and he suggested changing this to a 10-year exemption. Mr. Baker did a straw vote of the Board and they were in agreement to authorize adding this to the warning. 

9.  Citizens Public Forum

There was no discussion held. 

10.  Budget Discussion

Motion by Richard Baker/Kellie Martin to approve a budget for FY2010/2011in the amount of $2,005,000.00 for operating expenses and $13,360.00 for incremental expenses for a new building, totaling $2,018,360.00 to be raised by taxes. 

Richard Baker stated this would have the affect of setting a budget that would be the same as the FY08/09 budget and it would accommodate $13,360.00 for a new building and equate to a tax rate of about 60 cents.  It was noted there are no raise increases for management. He also noted the Select Board will come up with a budget figure; however, it will be management's responsibility to manage the budget, as it is not the intent of the Board to do micro-managing. Devon Fuller noted this would leave $18,000.00 in the budget for Economic Development. Kellie Martin feels this is a budget that is reasonable and doable, but it was not reached without much discussion and calculating.

Richard Baker stated there was also another policy decision made to provide $30,000.00 for the Recreation Program; with the intent that management and the Recreation Advisory Committee would prepare an announcement and advertise for a part-time Recreation Coordinator. It is the intent to hire someone as soon as possible and the budget will show the salary and the related costs such as travel, etc.   Devon Fuller stated there was discussion that there would be a cut-off date for the hiring; and if someone was not hired, an RFP would be developed to contract out the activities. Richard Baker stated it is not entirely transparent, as there is $30,000.00 in the current fiscal year and if these funds are not all expended, the monies could be encumbered and carried forward for the next fiscal year.  The deadline for hiring a part-time Recreation Director was proposed to be the first Select Board meeting following town meeting. Tina Wiles did not think this is ample time to find a good candidate. Kellie Martin noted if there is a candidate that the Committee is working with, but not finalized by March 15, there would be leeway granted. Bill Hatch suggested the Recreation Advisory Committee advertise as soon as possible and if there is a month's worth of advertising and a suitable candidate is not found; it is likely other options should be acted upon. Kellie Martin stated a good draft job description and draft advertisement already exists. Tina Wiles stated the Committee also advertises in the Vermont Parks and also with the VLCT.  Keith Arlund stated the advertisement can get into the papers this week.

Richard Baker stated the Board also made the decision to include $13,360.00 for debt service for an additional building.  Devon Fuller questioned where the money will come from and Mr. Baker noted this is similar to the Recreation discussion, whereby what is left at the end of the year, the Select Board will have the authority to roll it over. 

Tom Schmelzenbach questioned if this budget included three permanent highway department positions, plus other contracted services. It was noted that $20,000.00 was added to the contract line for work and the budget also reflects $15,000.00 for part-time work. Mitch Pearl stated perhaps a portion of the $20,000.00 could be added to the part-time position funds to hire a half-time person.  Mr. Arlund noted perhaps some of the work that has recently been done in-house will now be contracted out. 

Kellie Martin stated another item for discussion is the Select Board honorarium, which is decided upon by the auditors.  She stated we are asking everyone to make sacrifices and she feels the Board needs to set the example and lower the honorarium. 

Mitch Pearl stated that relative to economic development, the Board should determine if the amount in the budget, plus any amount that can be encumbered from this fiscal year is sufficient to meet the needs to the Economic Development Committee.  After the Committee's first meeting, the Board needs to discuss what action is going to be taken. Richard Baker stated he would be inclined to increase the amount from $18,000.00 to $32,000.00. Mitch Pearl questioned what is hoped to be achieved with this amount of money. Devon Fuller stated realistically, it would likely be a part-time Economic Development Director. Mr. Fuller noted there are a lot of free services that can be used and he feels the Committee is looking to hire someone before the next fiscal year. Kellie Martin felt that this number should be left in the budget and not expected of the management to try to find the funds somewhere else in the budget. Mitch Pearl suggested raising the amount from $18,000.00 to $28,000.00 and moved to amend Richard Bakers motion to a total budget of $2,028,360.00. Kellie Martin did not feel the budget needs to be changed, as there has not been anything spent in this fiscal year for this line item. If the Committee uses some of this money for professional services, there will still be money left to encumber for economic development.  This would accomplish having some money now and there would be money to be encumbered, but it would get us to where we need to be. Mr. Pearl stated the economic development area would have about $36,000.00 in funds. Mr. Pearl feels with the additional $10,000.00, it should give the economic development area enough money to be able to work. Richard Baker stated most of the increase would come from carrying forward designated reserves. Mr. Baker feels the voters are at the red line as far as taxes. Mitch Pearl withdrew his amended motion. Richard Baker noted the Board will plan on taking the monies out of the reserves and if good results are obtain, they will hold further discussion as to where to go from here. Richard Baker noted there will be a fence around both the recreation and the economic development funds to encumber those funds.

Bill Hatch called for a vote on the FY 2010/2011 budget, noting the decision was made to hold the bottom line of the budget at $2,018,360.00. 

The motion passed unanimously - 4 to zero.

Motion was made by Richard Baker/Devon Fuller to recess as the Select Board to reconvene as the Board of Liquor Commissioners at 8:17PM. The motion passed unanimously - 4 to zero.

The Select Board reconvened at 8:22PM.

Motion by Mitch Pearl/Kellie Martin to enter into executive session at 8:23PM to include the Town Manager and Police Chief Brickell to discuss a contract. The motion passed unanimously - 4 to zero.

10.  Possible Executive Session

The Board came out of executive session at 8:30PM.  

Motion by Richard Baker/Kellie Martin to authorize the Town Manager to prepare and execute the necessary documents to present a Purchase and Sale Contract to the owners of 301 Forest Dale Road, Elaine M. Kellogg and Steven O. Kellogg Co-Trustees of the Elaine M. Kellogg Revocable Trust, in the amount $270,000.00; contingent on voter approval at the Annual Town Meeting on March 2, 2010 for the purpose of establishing a new Police Department for the Town of Brandon.

Being no discussion the Chair called for the vote. The motion passed unanimously - 4 to zero.

Motion by Richard Baker/Mitch Pearl to authorize the Town Manager to prepare all necessary documents to present a bond article to the voters of Brandon for the purpose of purchasing, rehabilitating, improving and equipping the former commercial property at 301 Forest Dale Road as the Brandon Police Department.

There being no further discussion the Chair called for the vote. The motion passed unanimously.

12. Adjournment

Motion by Richard Baker/Kellie Martin to adjourn the Select Board meeting at 8:35PM. The motion passed unanimously - 4 to zero. 

Respectfully submitted,

Charlene Bryant

Recording Secretary