Brandon Select Board Meeting

February 8, 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, George Reilly, Linda Stewart,  Alan Lovett, Wayne Rausenberger. Maurice Racine, Phyllis Reed, Lee Kahrs, Bill Orth, Lynn Orth, Judi Eve Brown

1.  Call to order 

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

a) Agenda Adoption

Motion by Richard Baker/Mitch Pearl to adopt the agenda, with the addition of a possible executive session to discuss a contract. The motion passed unanimously - 3 to zero. 

2.  Consent Agenda

a) Minutes - Select Board Meeting - January 25, 2010

Motion by Mitch Pearl/Devon Fuller to approve the minutes of the January 25, 2010 Select Board meeting. The motion passed unanimously - 3 to zero.

3.  Fiscal

a) Warrant - February 8, 2010 - $35,704.81

Motion by Mitch Pearl/Richard Baker to approve the February 8^th warrant in the amount of $35,704.81.  The motion passed unanimously - 3 to zero.  

Devon Fuller questioned the frequency for the replacement of the cutting edges for the plows. Tom Schmelzenbach advised the replacements are usually done twice per year, based on usage. 

4.  Education Update

Devon Fuller reported the Neshobe School Board will be meeting at the Senior Citizen's Center tomorrow evening to discuss the Neshobe School budget with the seniors.

Richard Baker reported there was a Debate Tournament recently held at OV and he noted it is good to see the students hard at work.      

5. Town Manager's Report

Keith Arlund stated he arranged to have the bond notice published for three weeks in succession, which is a statutory requirement. The Reporter will be publishing this item in their publications of February 10^th, 17^th and 24^th. He was able to meet with Mr. Mitchell regarding the assessment on the woodworking shop and provided an assessment figure in the amount of $585,500.00, which was provided by a professional appraiser. Mr. Arlund has executed the stipulation and filed this information with the court. Keith Arlund is to be available by phone tomorrow morning at 9AM to discuss this matter with the court.  As a reminder, Mr. Arlund advised the VLCT Government Day is Wednesday, February 24th. If any Board member wishes to attend, they should advise Mr. Arlund soon, as the registration deadline is February 17th.  The Recreation Coordinator ad has been published four times in the Rutland Herald and is also on the VLCT and town web sites. There have been several initial responses that he will discuss with the Recreation Committee. Mr. Arlund advised he will be on vacation next week, which also coincides with the school's vacation.

Devon Fuller questioned the status of the Backyard easement. Mr. Arlund advised that Mr. Carroll forwarded his response to the state and the state is reviewing this information. Mitch Pearl questioned the process for interviewing for the Recreation Coordinator position. Mr. Arlund advised he will ask for a Select Board representative to be included in the discussions with the Recreation Committee and himself. This should take place shortly after town meeting. Mr. Arlund reported there is a partial draft of the audit and if anyone is interested in viewing this information, he will provide a copy of this to them.  

6.  Public Works

a) Certificate of Highway Mileage                          

Tom Schmelzenbach stated this item is an annual reporting. Mr. Schmelzenbach noted he had indicated the changes and there is a date that this document has to be executed by. 

Motion by Richard Baker/Kellie Martin to authorize the Board Chair to sign the Mileage Certificate. The motion passed unanimously - 4 to zero.

b) Consider Highway Change of Status      

Tom Schmelzenbach stated this is a follow up to the conversation held at the last meeting. He provided the Board with a candidate list and some background information on where the roads are and how many 911 addresses are on the individual roads. Mr. Schmelzenbach noted the Board had indicated they were perhaps prepared to advance on the road discussed at the last meeting.

Richard Baker questioned Mr. Schmelzenbach about the class of the roads. Tom Schmelzenbach stated this is in association with the certificate of highway mileage. Mr. Schmelzenbach is recommending School House Road could either be thrown up or winter maintenance could be discontinued in an effort to balance the workload and maintain a high level of service to the roads the department should be concentrating on. Devon Fuller asked about the 911 numbers and Tom Schmelzenbach stated these are likely residential properties. Mitch Pearl asked if the town does winter maintenance on Class 4 roads and Tom Schmelzenbach reported winter maintenance is done on all of the roads noted in this document. It was noted the town is not required to do winter maintenance on Class 4 roads, but the Board can choose to do so.  Mr. Schmelzenbach noted he was requested to provide the Board with a list of candidates. Richard Baker questioned the two Class 3 roads noted in the document.   Tom Schmelzenbach stated there are a number of ways to handle discontinuance of maintenance. If the Board would like to change those roads to a Class 4, the right of way is maintained, but the maintenance can be addressed. He noted generally a Class 3 road is maintained in the winter. Devon Fuller asked if the roads would affect the Highway Mileage Certificate and Mr. Schmelzenbach advised any changes would be reflected in the Mileage Certificate document next year. He stated this is similar to the change in the present Certificate of Mileage in that a change was made last year and it is reflected in this year's certificate. Tom Schmelzenbach stated this item is not critical but he is bringing it before the Board in an effort to extend the maintenance budget, however, this is a Board decision. Mitch Pearl asked if there is a written policy regarding which Class 4 roads we maintain or is it based on practice. Tom Schmelzenbach stated it is based on practice and history. Richard Baker noted the town is not required to provide maintenance for Class 4 highways, but the Board can choose to do so. Mr. Schmelzenbach stated the town could invest monies into some of the Class 4 roads and change them to Class 3 roads; however, it is uncertain whether the costs would be recouped from the state for this type of change and would need further evaluation. Mitch Pearl stated it would make sense for Tom Schmelzenbach to provide specific descriptions on the roads that he is recommending to be thrown up. He stated this could go on a future agenda and the Board could then make a preliminary decision on what is going to be done. Richard Baker stated this is a perilous venture for select boards to tell people that the roads the town has been providing service for are no longer going to be served. Mitch Pearl stated the Board has a choice to consider whether to throw up a road or to decide not to provide winter maintenance. Tom Schmelzenbach stated in the process, there will be an opportunity for the residents of these roads to respond.

Tom Schmelzenbach stated the flood way mapping for the Maple and Union Streets Sidewalk Project is being provided to the Board for their information. Devon Fuller asked if he had been requesting bids for the Backyard Project.  Mr. Schmelzenbach stated information has been given to the town's attorney and he has in turn sent this to VTrans. VTrans will be working out some of the final details on the right of way.

7.  Committee Reports/Announcements

Mitch Pearl stated the Friends of the Town Hall are putting together a schedule of events for the summer.

Richard Baker reported he attended the REDC legislative breakfast and it appeared to be all doom and gloom over the budget, however, there was one positive note that both the legislature and the administration have left the support to town highways alone. Last year they had cut back 15% and the town has budgeted on the assumption of level funding, partly because of stimulus money; however, they have increased the values for resurfacing. Mr. Baker recommended the town has something ready to submit to apply for these funds so that Brandon is at the front of the line.

Richard Baker reported the Hawk Hill Management Committee met last week and will again be meeting on February 18^th at the Stephen A. Douglass meeting room at 5:00PM to review a proposed grant application for the Lake Champlain Basin Program in an effort to develop an inventory of properties around OV.  There is a large assemblage of land with a few land owners that starts from Pomainville's property north that have some interesting features as far as wildlife, erosion, etc.  Hawk Hill is considering applying for a grant and Mr. Baker will be proposing a recommended letter of support from the Town Select Board on this project at a subsequent meeting.

Devon Fuller reported the Economic Development Committee met on February 3^rd. Mr. Fuller stated it was a good meeting with a good turnout. The Committee is suggesting restructuring of the Executive Committee, as the development of sub-committees has provided additional people who will also act as Chairs for each of those sub-committees.  He noted the sub-committees and Chairs consist of 1) Downtown - Bernie Carr, 2) Industrial - Maurice Racine, 3) Tourism - Lisa Zollman, and 4) Agriculture - John Satz. Mr. Fuller noted he will remain the Chairman of the Executive Committee. Mr. Fuller brought this information before the Select Board in the hopes of obtaining a motion to replace the people who are currently on the Executive Committee with the people who are the Chairs of the sub-committees. He noted each of the Chairs of the sub-committees have the knowledge of each individual industry to help guide those committees and make the necessary decisions. He noted all of the people of the initial Executive Committee were behind this decision.  Bill Hatch asked if the initial Executive Committee members would resign and a new Committee would be developed. Linda Stewart stated the initial Executive Committee members did have the opportunity to remain on the Committee. Richard Baker felt rather than obtaining letters of resignation from previous members and the development on a new Executive Committee; he suggested adding the people who are not already on the Committee and leaving all of the existing members.  Mr. Baker noted he agrees with Janet Mondlak and he would be inclined to add new members to the Committee, rather than removing people. Mr. Fuller stated the initial Executive Committee consisted of Jim Leary, Janet Mondlak, Bernie Carr and Lynn Saunders. He suggested adding the new Chairs of the sub-committees and continue to move forward with the work that is being done.  Mr. Fuller stated it is not necessary to appoint people as Sub-committee Chairs. Kellie Martin felt there is value in adding Sub-committee Chairs to the Executive Committee.  Mr. Fuller advised Jeff Stewart and he are working on a job description for the Economic Development position and stated when it comes to hiring the Economic Development Officer; we can get a wide range of people to review this information.

Keith Arlund stated Mrs. Rausenberger and he attended the VCDP workshop on grant processing, which included a discussion on accessibility modification grants. He noted Jay White also attended on behalf of the Friends of the Town Hall project.  The Friends intend to submit an application during the first cycle and there was indication there will be the same amount of money available. Mr. Arlund noted they are looking at doing a rolling application process to avoid cycle deadlines. Mr. Arlund stated they did learn that some of the revolving loan fund money could be used for the match, but he will be reviewing this item as this is a change from the regulations in the past. 

8.  Old/Other Business

Richard Baker reported that Mr. Arlund has reached closure relative to the court appeal for the assessment noted in his update, which requires a motion on the Board's part to authorize the Town Manager to move forward on this issue. 

Motion by Richard Baker/Kellie Martin to authorize the Town Manager to sign documents for the appellant's property, Chuck Mitchell, agreeing to the assessed value of $585,500.00 for the property located at 84 Lover's Lane.  The motion passed unanimously - 4 to zero.   

It was noted this differs from the original value of $891,500.00 due to the correction of the type of material for the exterior and the change from a multi-story building.     

Keith Arlund reminded the Board there will be a public hearing beginning at 7:00PM, prior to next Select Board meeting on February 22^nd, relative to interim zoning.  The notice has been published and will precede the regular Select Board meeting.  

Mitch Pearl noted with regard to the letter from a citizen suggesting the town look into an electronic speed notifier on Route 7; Mr. Pearl feels they do work as he has seen them in other towns. Kellie Martin stated Chief Brickell has looked into them and has borrowed one before. Keith Arlund stated he will look into the cost of this item. Devon Fuller questioned if the state loans out the mobile ones and perhaps this could be an option. Mr. Fuller noted if this is important, perhaps a permanent speed monitor could be placed in that area if it is not too expensive.

Richard Baker stated relative to this subject, the faster we move on rebuilding Segment 6, the safer and less vibration there will be in that neighborhood. A suggestion was made to include these types of signs as part of the Segment 6 Project. Mitch Pearl noted he was in Rutland and had a conversation with some people who noted they did not believe work would ever be done on Route 7 and how pleased they were to see things happening.   

Richard Baker stated in 2006, the Board mailed an information flyer to the voters in support of the infrastructure bond and he asked if the Board had decided to move ahead with a mailing for the current bond. Keith Arlund stated the Police Chief has provided some information and they will put this information together.

Keith Arlund stated the town has received information on another application for an interconnected metered solar panel system for the McKernon Group. He is unsure if other abutters have comments, but the town needs to respond to this item by February 25^th. Kellie Martin suggested sending the same letter as previously used. Mr. Arlund noted the address for this request is 381 New Road, which is their office building. He noted that the town cannot regulate this; however it can ask the Public Service Board to consider having a public hearing on it.  

9.  Citizens Public Forum

Maurice Racine is pleased to hear the Backyard Project has been forwarded for right of way approval. Mr. Racine questioned if the Backyard Project has not been approved for construction, how will the ramp from Kennedy Park be funded for construction this summer. Tom Schmelzenbach stated it is hoped that the sequence of events would be the approval of the right of way and then the building of the ramp. Mr. Racine questioned if it is approved, would the remainder of the project be worked on this summer and Mr. Schmelzenbach stated that would be his intent.

Mr. Racine questioned the status of the grant for wireless communication. Keith Arlund provided Mr. Racine with information from APC Services, the wireless internet provider. Mr. Racine noted this does not include a propagation overlay.  Mr. Arlund advised the system runs from a transmitter at Visual Learning, to the Brandon Inn and there is also a transmitter on Grandpa's Knob.  There is an issue with some property owners' trees, which interferes with placing something at the school and a transceiver could not be added to the Fire Station either. It was also hoped to use the high ground behind the town office, however, this could not be done. Mr. Racine feels this is important to economic development in the town and he questioned if the internet provider could supply an overlay. Keith Arlund stated he will see what the vendor has available.

Mr. Racine provided the Select Board with a draft copy of a proposed ordinance concerning conflict of interest. He noted there has been some discussion about conflict of interest around town and he offered this boilerplate that had been crafted by the VLCT and he recommended this for the town to use. Mr. Racine stated the handbook on Vermont Select Boards encourages adoption of such legislation. He stated there may be a policy that talks about conflict of interest, but an ordinance would be more compelling. He noted a citizen body would be formed and those individuals would pass judgment, which would provide power back to the people for conducting public business.  Richard Baker provided a complete copy of the VLCT model policy noting that very few towns have a conflict of interest ordinance; however, there are many communities who have conflict of interest policies, with Brandon being one of those communities. It was noted the DRB and the Planning Commission also have conflict of interest policies. As far as a Citizen Committee, this type of committee does not have the authority to enforce an ordinance. Mr. Baker appreciates Mr. Racine's' input and although there is a conflict of interest policy; if the Board feels they should step up the policy, the VLCT model could be enforced. Bill Hatch stated he is willing to work with Mr. Arlund to get this subject as an agenda item for a subsequent meeting. Richard Baker stated he wished the town had such a policy on March 7, 2006. 

George Reilly stated in observing the budgeting process and he is aware of at least two items, the Economic Development position and the Recreation Director's position, whereby the Board had agreed to budget an amount and use the current year's funds. He questioned what the policy is for surpluses from a previous year.  Bill Hatch stated there are two items that are being considered for the two positions noted; one is the consideration of an encumbrance that is taking funds from the line item budget for the current year and spending it in another year; or to use surplus funds. Mr. Reilly asked if funds automatically become an encumbrance if they are not spent in a specific year. It was noted they would be voted on at the end of the fiscal year and if they are needed, they will be encumbered.  Kellie Martin noted this happens in June and specific amounts are voted upon. Ms. Martin stated for example; if there is $10,000.00 remaining in the economic development budget and if it does not get encumbered, it goes into the general fund. Mr. Reilly stated this could be misleading in that the budget will indicate a certain amount is going to be spent on a salary for a person, but then going forward we are going to encumber an additional amount. Mr. Hatch stated the expense will show in one year, but will be spent in the following year.     Mr. Reilly stated they are assuming to commit to a certain level and realistically they are committing to an increased amount in the following years. Mitch Pearl stated the budget is a plan and it does not restrict the town administration to spending the monies on specific line items. He noted all information is available to anyone who wishes to view the town's budget. Mitch Pearl stated this is the way that municipalities build their budgets. Mr. Reilly stated he is familiar with private sector budgets and he stated one starts out with a fresh budget each year. Mr. Reilly did not feel this is a transparent method and is harder to figure out.  Mitch Pearl agreed it is very confusing and it has taken him several years to understand, but he does feel that it is transparent and is available for review. Bill Hatch noted that some of the money, particularly with the Recreation budget, will be encumbered, as all of the funds will not be used this year. Kellie Martin stated if someone is hired in April for the Recreation Department, there is no salary line item and though in this fiscal year that line shows zero, we would move funds from a different line. Mr. Racine stated if there is $30,000.00 in the Recreation budget and $15,000.00 is encumbered, would the contract for the Recreation Director be for $30,000.00 or $45,000.00. Bill Hatch stated the $45,000.00 would be spent on both the Recreation Director's salary and for other expenses such as purchasing new equipment. It was noted that hiring a Recreation Director needs to be done soon for this position to be effective for the coming summer.  Ms. Martin noted in the cases of both the Recreation Department and the Economic Development position, they are talking about hypothetical situations. It was noted the advertisement for the Recreation position is a part-time 20 hour-per-week position. Phyllis Reed stated that in the nine years that she has been here, she has not seen the taxes go down. Keith Arlund stated there is a surplus forward entry that reduces money to be raised by taxes. This figure would reduce the overall requirement to be raised by taxes in the next fiscal year. Richard Baker stated the Board has put $14,000.00 of the reserve in the cost center for Economic Development and the uncategorized monies are being brought forwarded to reduce the money to be raised. Linda Stewart stated that Kellie Martin had proposed eliminating the stipend for the Select Board members at the last meeting and questioned the status of this item. Kellie Martin noted she did not propose to eliminate it, but to reduce it and the stipend for the Board members has been reduced from $1,200.00 to $500.00. Alan Lovette stated unrelated to Hannaford's project, is there a conflict of interest policy that relates to the DRB.  Richard Baker stated the DRB and the Planning Review Board have their own policies. Mr. Pearl noted they are available for review on the web site.  Mr. Lovette questioned if there is a policy in place to remove a board member. Richard Baker stated that what he and Mike left out of the draft is the section on recusal. He noted the VLCT ordinances have been updated. Mitch Pearl stated none of the Board members have seen the information provided this evening and he does not want to discuss it until there has been time for review. Richard Baker stated both the DRB and the Planning Commission speak to recusal and they know the rules, just as the Select Board does.  He stated individuals should recuse themselves and if they chose not to, the Select Board would be the mechanism for reviewing those situations. The Select Board can terminate the service of any member of the DRB or Planning Commission, with or without an Ethics Committee. 

Motion was made by Richard Baker/Kellie Martin to recess as the Select Board to reconvene as the Board of Sewer Commissioners at 8:25PM. The motion passed unanimously - 4 to zero.

The Select Board reconvened at 8:29PM.

Motion by Richard Baker/Mitch Pearl to enter into executive session at 8:30PM to include the Town Manager to discuss a contract. The motion passed unanimously - 4 to zero.

10.  Possible Executive Session

The Board came out of Executive Session at 8:45 PM.

Motion by Mitch Pearl/Kellie Martin to authorize the Town Manager to enter into a contract for the purchase of the Kellogg building, to include a payment of a 5% deposit in the amount of $13, 500.00; contingent on the deposit being fully refundable in the event the bond vote does not pass and that said deposit be placed in a proper escrow account.  The motion passed unanimously - 4 to zero.

11. Adjournment

Motion by Richard Baker/Kellie Martin to adjourn the Select Board meeting at 8:50PM. The motion passed unanimously - 4 to zero. 

Respectfully submitted,

Charlene Bryant

Recording Secretary