BY STEVEN JUPITER
BRANDON—In its regular meeting on Monday, the Brandon selectboard addressed several issues, including the Tree Warden’s shade-tree preservation plan, the designation of Briggs Lane as a Class IV highway, and the Brandon Energy Committee’s request for ARPA funding for a community solar array.
Shade Tree Plan
Tree Warden Neil Silins was on hand to address questions from the board regarding the shade-tree preservation plan that he submitted after the last selectboard meeting. The board’s questions focused mostly on the plan’s provisions regarding trees in the town’s right-of-way on private property.
The town maintains a right-of-way (r.o.w.) on the first several feet of private property alongside public roads. This generally means that the town can access that land for the maintenance, installation, or removal of underground water and sewer lines, curbing, and trees. The town has the authority to remove trees in the r.o.w. without the property owner’s consent, for example.
The board’s concern was that many property owners are unaware of this and assume that they control the trees growing in that section of their land. Board member Tim Guiles questioned whether the penalties outlined in the plan for the unauthorized removal of shade trees in the r.o.w. were too strong, given that the legal status of that land is unclear to many people. It might also surprise people that the plan authorizes the Tree Warden to plant trees in the r.o.w. without the property owner’s consent.
Silins cautioned against softening the language and stated that the unauthorized cutting of a tree in the r.o.w. carries a maximum penality of $500. Silins agreed to distribute his preservation plan for input from various state agencies that might want to weigh in on it.
Town Meeting Warning
The board moved on to approve the warning for Town Meeting, which will be held on Monday, March 6, with voting on Tuesday, March 7. Town Clerk Sue Gage asked that the warning be amended to suspend the 8% penalty currently levied against property owners who miss the due date for their property taxes. Gage stated that she believed the penalty was too steep and asked for a grace period for late payments instead.
Board Chair Seth Hopkins countered that such an accommodation would simply create a new effective due date rather than compel people to pay on time. “Taxes are what we owe to each other,” he said.
The motion to amend the warning did not pass. The board subsequently approved the unamended warning.
Sale of Swampland
The board also approved a motion to supply a letter to the Vermont Department of Fish and Wildlife (DFW) to support its efforts to purchase a 30-acre parcel of private land in Brandon for inclusion in the Brandon Swamp Wildlife Management Area. Representatives from DFW attended the meeting via Zoom to explain their interest in acquiring the land for preservation and recreation.
Status of Briggs Lane
Briggs Lane resident Linda Grace asked the board to clarify the legal status of the street. The issue is whether Briggs Lane is a Class IV highway, which means that the town owns but does not maintain it. Grace contends that all the available evidence demonstrates that the town has never designated Briggs Lane as Class IV and is obligated to maintain the street.
Town Manager Dave Atherton, however, insisted that Briggs Lane is indeed a Class IV highway, and invited Grace to visit the Town Office to view maps and documentation supporting that position.
ARPA Funding for Community Solar Array
Jim Emerson, Chair of the Brandon Energy Committee, asked the board to consider setting aside $300,000 of the $1,000,000 it received in ARPA funding to establish a town-owned solar array. Emerson stated that government programs and incentives would result in a refund of 30-50% of the cost.
The board expressed support for solar energy in general but was skeptical about the financial obligations that owning a solar array would entail. Board member Tracy Wyman was concerned about “decommissioning costs” that would be incurred down the road when the solar panels had to be removed and/or replaced. Board member Tim Guiles assured Wyman that technology had improved to the point where it was reasonable to expect an array to last 50 years or more.
Attendees suggested that the town had to do its part to produce renewable energy and that perhaps the array could be made large enough to produce surplus energy which could be sold to offset the initial costs.
Of the overall $1,000,000 ARPA grant, approximately $250,000 has already been earmarked for infrastructure projects around Brandon, with another $200K – $250K requested by various entities.
Board chair Hopkins asserted that the ARPA money was best used for projects that would not be suitable for public bonds. A solar array, he thought, could be achieved through bonding.
No further action was taken.
Other Items
- Town Clerk Sue Gage reminded attendees that while town ballots would be mailed, school ballots had to be requested from the Town Office or obtained at polling sites on voting day.
- A warrant in the amount of $174,507.62 was approved to pay the town’s bills, including a bill for $258.86 for veterinary care for Guinness the police dog. Dr. George Fjeld, in attendance, was able to determine from the bill that the dog must’ve received treatment for a scratched eye. Sue Gage stated that the money spent on the dog would ultimately come out of the large pool of donations the police received for the dog’s care.
- The town received a Bylaws Modernization Grant from the VT Dept of Housing and Community Development to revamp its zoning regulations to encourage the development of more housing.
- The town received approval from FEMA to move forward with plans to establish a disaster shelter.
- The North Street bridge replacement project received three proposals. A firm will be chosen by the end of the week.
- Board member Wyman questioned why the Fire District budget isn’t subject to town-wide Australian balloting like the town and school budgets. Bill Moore, former chair of the Prudential Committee, stated that such a change would have to be made by attendees at the Fire District’s annual meeting.
