Brandon Select Board Meeting

February 22, 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, Ethan Swift, Linda Stewart, Jeff Stewart, Chris Brickell, Maurice Racine, Norm Maillot, Lee Kahrs, Phyllis Reed, Helyn Anderson

1.  Call to order 

The meeting was called to order at 7:21PM by Chair  Bill Hatch.

The Pledge of Alliance, led by Richard Baker, was recited by all in attendance.

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 - February 8, 2010

Motion by Kellie Martin/Mitch Pearl to approve the minutes of the February 8, 2010 Select Board meeting. The motion passed unanimously - 4 to zero.

3.  Fiscal

a)  Warrant - February 22, 2010 - $1,005,522.70

b)  Warrant - Kellogg Deposit - $13,500

c)  Warrant - Postage - $2,000

d)  Purchase Order:  #51042 - Univar USA - Flake Chloride

e)  Purchase Order: #51045 - Tenco - Sweeper Rental

Motion by Mitch Pearl/Richard Baker to approve the February 22^nd warrant in the amount of $1,005,522.70.  The motion passed unanimously - 4 to zero.  

Mitch Pearl noted this amount includes the quarterly payment to the school districts.

Motion by Kellie Martin/Mitch Pearl to approve the February 22^nd warrant in the amount of $13,500.00 for the Kellogg deposit for the Brandon Police Department building.  The motion passed unanimously - 4 to zero.  

It was noted this represents the deposit on the contingent sales agreement.

Motion by Mitch Pearl/Kellie Martin to approve the February 22^nd warrant in the amount of $2,000.00 for postage.  The motion passed unanimously - 4 to zero.  

Motion by Mitch Pearl/Devon Fuller to approve the Purchase Order #51042 to Univar USA for flake chloride. The motion passed unanimously - 4 to zero.  

Motion by Mitch Pearl/Kellie Martin to approve the Purchase Order #51045 to Tenco for the sweeper rental. The motion passed unanimously - 4 to zero.  

4.  Education Update

Kellie Martin reported there will be a meeting for the 5^th and 6^th grade parents regarding fund raising for the Boston and Montreal field trips. They are short of funds and this is a follow-up meeting to figure out if they are going to have enough money to do the trips or develop an alternative plan.

Ms. Martin advised voting starts at 7AM on Tuesday, March 2^nd in the Neshobe gym and will end at 7PM.  Project Liberty, which is a program sponsored by the Brandon Lions Club and under the direction of John Kerr, will be continued this year. 

Neshobe 6^th grade students; Emma Cijka, James Kennedy, Keegan LaRock, Ann Manning, Amy Jones and Andrew Patten will be asking voters questions about the U.S. Constitution and handing out copies of the document. Coffee will again be available at Town Meeting and during voting, compliments of the Neshobe PTO.  The Neshobe School budget information brochures were mailed today. She noted the School Board and Administration struggled to maintain a high quality education for the students while minimizing the impact on the voters. If there are any questions on the information, people can contact any member of the School Board or Judi Pulsifer.

Ms. Martin wished to congratulate the Neshobe Geography Bee Team of Emma Cijka, Cameron Lewis, Nick Kratky, Victoria Carrigan, David Forrest, Sean Martin and Garrett Welch. Congratulations also go to Sean Martin, the Neshobe Geography Bee winner, who will advance to the state Geography Bee that will take place at Middlebury College in the spring.  Mr. Sharrow is the Geography Bee coach and it was noted he does a wonderful job. 

Neshobe School is celebrating "February's I Love Reading and Writing Month".  Ms. Martin reported Parent/Teacher conferences are scheduled for March 11^th and 18^th.  The PTO will be providing dinner for the staff.  The school newsletter will be going out the end of this week. 

Mitch Pearl reported the OV Walking Stick Theatre will be performing One-Act Plays on March 4^th, 5^th and 6^th.  

5. Town Manager's Report

Keith Arlund reported there have been 13 applications received for the Recreation Coordinator's position and this matter will be taken up shortly after Town Meeting. Mr. Arlund will be requesting a representative from both the Select Board and Recreation Advisory Committee to participate on a review panel in assisting with interviews and hiring for this position.

Mr. Arlund advised the Town Reports and the sewer bills were mailed out last week.  He wished to thank Ray Counter and Elaine for all of their work in completing this task.  Mr. Arlund also noted Lou Favre and Bud Coolidge, members of the BCA, volunteered to address them.

Mr. Arlund reported that he received a completed draft of the audited financial statements today and they are available for review at the town office.

Mr. Arlund advised the draft bond information mailing is complete and will be sent out Wednesday.  He advised the public is invited to an Open House at both the current and proposed police stations on Sunday, February 28th.  The proposed location is the former Holden Insurance Company. The Open House time for the old location will be from 12:30PM - 2:30PM and the Open House time for the new location will be from 1:30PM - 4:30 PM.

Richard Baker questioned whether there will be an exit interview done with the auditors after town meeting and Mr. Arlund advised there would be one.

Mitch Pearl noted his copy of the town report that he received had some blank pages in it and if there was anyone else who received a report with blank pages, he urged them to contact the town office and a new report would be sent to them.

Richard Baker stated the Town Report was dedicated this year to John Barnes and Charlie Rivers Sr., who had served more than 50 years with the Dunmore Hose Company. He also wished to thank Janet Mondlak for assisting with the organization of the Town Report.

6.  Public Works

Tom Schmelzenbach had provided information to the Board via email.  He noted the purchase orders were addressed under Item 3.  He stated that a snow storm is anticipated Tuesday or Wednesday and he encouraged people to use caution in their commutes.  

7.  Committee Reports/Announcements

Kellie Martin stated the Stephen A. Douglass Birthplace Museum will be open starting mid-May and will be open through October, with hours of operation to be announced. She noted the Tourism section has been open and the meeting room is being used several times a week and they are now putting the final touches on the museum part. 

Richard Baker stated there will be some people attending the day with the legislature on Wednesday.  The Rutland Regional Transportation Council will hold its monthly meeting on Thursday at the Rutland Regional Transportation Council's conference room in the Opera House. Mr. Baker noted in addition to the Open House for the Police Stations, people can also take advantage of Art in Snow this weekend.  He noted one can also purchase tickets at Carr's Florist for the Taste of Vermont that will benefit the Boys and Girls Club.

8.  Consider Conflict of Interest Policy

Motion by Richard Baker/Kellie Martin to adopt the VLCT Conflict of Interest policy as the Town of Brandon's Conflict of Interest policy.   

Devon Fuller felt the Code of Conduct the town currently has should be maintained if an ordinance is not going to be developed. An ordinance would have a little more bite to it, but as far as a policy, the Code of Conduct appears adequate and he does not see the need to change it. Kellie Martin stated she is in favor of the policy as it holds not just this group but every employed, volunteered or elected person somewhat accountable for their actions. She does not think it is a bad idea to spell out what the expectations are for people who are appointed to the various Boards and Committees.  She stated after reading through many, she did mark various sections and she feels it could be massaged a bit. Mitch Pearl noted the motion was to adopt the model Conflict of Interest policy from VLCT and he questioned where Devon's referenced Code of Conflict originated from. Richard Baker stated the existing one was developed when Brandon Godfrey was Town Manager in the early 1990's and is a plain generic document.  Mitch Pearl agreed with Kellie Martin, given the age of the current Code of Conduct, that adopting a new one now makes sense, but the model policy would require some wordsmithing. He has seen a lot of Conflict of Interest policies and he cautioned if one is not careful with what is said, there could be problems. He is essentially in favor of adopting a slightly revised version of the VLCT model. Richard Baker stated he would initially agree with Devon that the rules of the State of Vermont are clear, but in view of recent circumstances, most of the community is not clear with the rules and this would provide an explanation of the expectations and if citizens have questions, they would have a document to reference. Devon Fuller prefers the ordinance over the policy due to the addition of an Ethics Board. His understanding is the employees are covered in the employee handbook and the union employees are covered under the union contract and if the Board is looking at covering all the boards and the employees who are not under contract, having an ordinance would have more substance to it. Mr. Fuller stated he is advocating an ordinance over a policy. Richard Baker stated the Board has an old document and there should be an upgrade and a new baseline to operate from. Bill Hatch was in favor of a policy over an ordinance, as he sees potential abuse with a group of citizens acting as an Ethics Board, whereby a citizen can bring an issue to the Ethics Committee and that Committee would be empowered to sanction a public official and he disagrees with the concept. Kellie Martin stated by having a policy enacted, it requires everyone to follow it. Richard Baker stated for those few towns that have an ordinance, they are tailored for specific issues in that town, but the VLCT policy is more generic and could be fine-tuned.  Mitch Pearl sees some of the concerns the Chair has and he does believe that some sort of an Ethics Committee could be developed, but he has issues with the extent of the authority that the Committee would have. He stated there are legal matters that would need to be considered and could be significantly abused and result in waste of a lot of time and resources that would be better spent elsewhere.  Keith Arlund stated the union contract and the personnel policies cover the employees. The union contract is updated every three years and there are rules that are in the contract that must be followed.  There are areas that include police conduct and the personnel matters and disciplinary matters are dealt with by the Town Manager. Bill Hatch suggested tabling the motion and having Kellie Martin take the lead in cleaning up the VLCT model, with input provided by each of the board members. A draft model of the policy could then be discussed at a future meeting.

Motion by Richard Baker/Mitch Pearl to table the motion to adopt the Conflict of Interest policy until the meeting of March 22^nd. The motion passed unanimously - 4 to zero.

Mitch Pearl stated he would work with Kellie Martin on revising this policy. Ethan Swift noted the Planning Commission has an adopted Code of Conduct that they use and is available on the web site. Richard Baker noted if the proposed policy were to be adopted, it would be town-wide and would take precedence over any subsidiary boards' policies that have been previously adopted. Phyllis Reed noted the DRB also has a Code of Conduct policy as well.

9.  Consider Interim Zoning Bylaws

Motion by Richard Baker/Mitch Pearl to sever the two sections that were warned and previously discussed in the hearing. 

The motion passed unanimously - 4 to zero.

Motion by Mitch Pearl/Kellie Martin to adopt Section 501(d) of the Brandon Land Use Ordinance.  The motion passed unanimously - 4 to zero.

Motion by Richard Baker/Devon Fuller to adopt Section 112 of the Brandon Land Use Ordinance with the technical adjustment of moving the phrase "including any clearing or preparation of the land" to immediately following the word "development".

Motion by Richard Baker/Mitch Pearl to table the motion to adopt Section 112 of the Brandon Land Use Ordinance until the March 22^nd meeting.

Mitch Pearl thinks the intent is good and he will assist with the redrafting of it. Richard Baker stated if we can agree upon it on the 22^nd, it can be adopted at that time, or it could be returned back to the Planning Commission for further rewrite. Mitch Pearl noted he will do a revision and forward it back to the Planning Commission for their approval. If it is felt that the changes are within the intent of the Planning Commission, it can be debated and taken up at that meeting. 

The motion passed unanimously - 4 to zero.

10.  Old/Other Business

Richard Baker reported there was a final working session at the Stephen A. Douglass House of the Hawk Hill Management Committee, with the intention of submitting a grant application for up to $10,000.00. The applicant will be Moosalamoo and OV will act as the fiscal agent. He noted since this is the Board's last meeting before the grant deadline, he would like to request that the Town Manager write a letter of support for this grant.

Motion by Richard Baker/Kellie Martin to authorize the Town Manager to write a letter of support for the grant application for the Hawk Hill Management Committee.  The motion passed unanimously - 4 to zero.

11.  Citizens Public Forum

Helyn Anderson stated she had two public works issues to discuss. She noted in October, she had brought to the Board's attention a highly dangerous situation in Forestdale that was created by a cut in the sidewalk.  Anyone riding a bike or walking in this area that was not familiar with this section could have a bad fall. She noted this has not been repaired and she suggests that a simple sewer plate bolted to the sidewalk to provide a continuous surface would rectify the matter. Ms. Anderson also provided pieces of the sidewalk from Park Street that have been ripped up by the sidewalk plow. She suggested the purchase of snow blowers that would not break up the pavement. She also requested that the crosswalks be plowed out so that people can get across the street. 

Maurice Racine questioned if there has been any progress on the Backyard Project since the last meeting. Tom Schmelzenbach advised he met with Jim Carroll last week and there are a couple of questions that VTrans has asked and Jim Carroll is working on them at this time. 

Mr. Racine wished to thank Mr. Arlund for the information on the wireless Internet. He noted he called APC, who is the provider, and talked with Bob Ferguson. He asked if there is only a transmitter on the Brandon Inn.  Mr. Arlund advised there is also a transmitter on the Grandpa's Knob tower and he noted this system is a line-of-site situation.  Mr. Racine asked the vendor for a document with some depiction and Mr. Ferguson has provided Mr. Racine with a person to contact.  Mr. Racine requested Mr. Arlund's help in this matter. Mr. Arlund stated there had been potential sites that did not work out for various reasons, due to the line-of-sight requirement. Maurice Racine questioned if all of the $50,000.00 had been spent and Mr. Arlund advised there is about $3,000.00 to $4,000.00 remaining for maintenance costs.

Maurice Racine was also interested in the conflict of interest conversation and he agrees there is a Conflict of Interest policy, but Mr. Fuller was alluding to an ordinance and he strongly encouraged the Select Board to reconsider the approval of an ordinance. He noted with a policy, the Board can choose to abide by it if they want to, but an ordinance puts the power back to the people. Phyllis Reed also agrees with Mr. Racine and she would encourage the Board to adopt an ordinance.  She stated as a member of the DRB, she cannot understand why the DRB and the Planning Commission have to abide by a code of ethics, but the Select Board does not have one. Mitch Pearl stated he takes the issue of conflict very seriously as an attorney and the DRB and Planning Commission both act as a quasi judicial board. Mitch Pearl stated that some people come here with agendas and this issue came up at the last meeting and this is the first time that this type of issue has been brought up with this Board. He stated if the Board adopts a policy, it would be a step in the right direction, but Mr. Racine is strongly in favor of an ordinance, and Mr. Pearl wanted to know why he feels so strongly about this and why it is such an issue. Mr. Pearl questioned what the underlying issue was. Mr. Pearl stated if it is felt the Board is not doing their job, he would like to know the specifics. Phyllis Reed stated this is nothing personal but she is concerned they are operating with no code of ethics and she was surprised to find this out at the last meeting. Richard Baker stated the Board has a code of ethics and the members are ethical people. Phyllis Reed hoped that all of the Board members are working with a clear conscience. Devon Fuller noted he is working for the community and is not working for personal gain. Mitch Pearl stated that conflict of interest does not arise in an abstract and if there is a conflict of interest, it is with a particular issue. Phyllis Reed stated it is clear that the conflict of interest stands with Richard Baker and a developer. Mitch Pearl questioned what Ms. Reed wanted Mr. Baker to do and she noted that when Jack McKernon was on the Select Board, he removed himself from the Board due to a development issue.  It was noted that this was Mr. McKernon's choice, but he was not required to. Richard Baker stated this is the reason he is adamant the Select Board should have a Conflict of Interest policy and it should be handled in a clear forum. Kellie Martin stated Article 7 of the VLCT draft policy goes over how it is enforced and she has read through this document multiple times and she does not see a problem with it, as this Board meets every standard and requirement.  She stated that everyone has recused themselves when there has been a proceeding that may be deemed a conflict of interest.  Mitch Pearl stated that the conflict of interest occurs over a specific issue or decision that the Board has to make. Mr. Pearl stated there have been a lot of innuendos, but no one has come forward to discuss specifics where the Board did not move forward properly. Mr. Racine stated the draft ordinance he submitted to the Board has a Citizen's Committee that would review a conflict of interest and the citizens would be passing judgment on it. He stated we have a Board member who was asked to remove himself from the Board and Mr. Baker chose not to do so. Mitch Pearl noted under state law, a Citizen's Committee could not remove an elected official. Mr. Racine stated the Select Board should be accountable to the citizens of the town.  Mr. Racine stated that he does not have an issue with Mr. Baker, just some of his actions, as he does not care about Mr. Baker as an individual. Mitch Pearl questioned what action Richard Baker had taken that was a conflict of interest.  Maurice Racine felt that his authority over town employees presented a conflict and his position on the board overall is a conflict of interest over everything and recusing himself from a particular issue is not enough.  Mitch Pearl stated he has not heard any particular action or decision made by Mr. Baker or this Board that Mr. Racine can specifically provide. 

Linda Stewart stated in the Board's consideration, they may be comfortable with the current members, however, these same people are not always going to be the Board, but the policy should be developed to be carried forward.  

Mr. Hatch stated this discussion was out of order as there had already been a motion to table the discussion of this item to a subsequent meeting. 

Sue Gage stated relative to the discussion of Section 112, she noted that there are sometimes permitting issues with the state that hinder people from moving forward with their projects and this should be considered in their discussion.  

Motion by Richard Baker/Kellie Martin to recess as the Select Board to reconvene as the Board of Liquor Commissioners at 8:41PM. The motion passed unanimously - 4 to zero.

The Select Board reconvened at 8:46PM.

Motion by Richard Baker/Kellie Martin to enter into executive session at 8:47PM to include the Town Manager to discuss a litigation matter. The motion passed unanimously - 4 to zero.

10.  Possible Executive Session

The Board came out of Executive Session at 9:25PM. There were no actions required.

11. Adjournment

Motion by Richard Baker/Kellie Martin to adjourn the Select Board meeting at 9:30PM. The motion passed unanimously - 4 to zero. 

Respectfully submitted,

Charlene Bryant

Recording Secretary