Brandon Selectboard grapples with quorum quandary

By STEVEN JUPITER

BRANDON—The Brandon Selectboard gathered for its regular meeting on Monday evening.  Chair Tracy Wyman was not in attendance.  All other board members were present.  Vice-chair Cecil Reniche-Smith ran the meeting in Mr. Wyman’s absence.

The meeting began with the Board of Sewer Commissioners—one of the several hats that the Selectboard wears—and a vote to spend “not more than $51,000” on a pre-owned sewer line jetter to replace the town’s current model.  Jetters are used to flush sewer lines.  The cost of the jetter will come from the Wastewater Capital Fund, which currently has approximately $288,000.  The town’s current model will be taken away as part of the deal, though its trade-in value was deemed minimal.

After the Selectboard convened and approved minutes and agendas, Town Manager Seth Hopkins presented highlights from his written report, the full text of which is available in the May 22 Selectboard packet on the town’s website.

Mr. Hopkins’s written report includes the following:

  • A steering group has been formed to formulate emergency preparedness policy for the town.  The group has begun to work with the Rutland Regional Planning Commission and the VT Dept of Emergency Management to conduct a preparedness session with the community in the coming weeks.  
  • The engineering firm KAS will begin regular testing for PFAS (forever chemicals) in the town landfill, as per the May 8 meeting.
  • The town treasurer has been informed that a “single audit” of the town will need to be conducted because of the town’s use of more than $750,000 in federal funds last year.  The audit will examine the town’s finances to ensure effective management, controls, and use of funds.
  • The town has submitted a request to the Trustees of Public Funds (TPF) for funding toward mosquito abatement.  TPF has confirmed that the town’s application is now complete.
  • The status of Chipmunk Lane and Spring Pond Drive as town roads is still unresolved, though Chipmunk Lane may be ready for acceptance by the town.
  • The motor for the town clock (atop the Brandon Congregational Church) has arrived and will be installed.
  • Riverbank stabilization projects are advised for two sites along the Neshobe, one behind Park Street and one along Pearl Street.  These projects will prevent further erosion of the riverbank around drainage culverts and will cost in excess of $100,000 each.  Neither project is imminent but should be taken into account in budgeting in the near future.

Mr. Hopkins also stated in the meeting that his comments at the May 8 meeting about the scoping study for the North St. Bridge were erroneous: the study is being conducted by Dubois & King, not by the state of Vermont.  Dubois & King has now completed 35% of its $50,000 contract with the town for this work.

The wastewater construction project shut down as planned on May 18 and will resume on August 15.  The EPA will conduct a site audit in late June.  The entire project is slated for completion in March 2024.

Delinquent tax notices went out last week.  The town is owed a cumulative total of $878,100 in delinquent taxes and payments.  Of that amount, $532,729 is property tax; 198,100 is sewer; and 147,271 is water.  Of the 1,938 households in Brandon, approximately 3% (or 150) are delinquent in at least one of these three areas.  Pandemic-era amnesties ended with the lifting of the state of emergency in Vermont.  Penalties and annual tax sales have now resumed.

Deputy Town Manager/Rec Director Bill Moore presented his report as well, the full text of which can be found in the Selectboard packet for May 22 on the town’s website.  Highlights include:

  • Safety lighting has been installed in Estabrook Park.
  • There are 2 new summer camp offerings for kids: Dance Camp and Lego Robotics.
  • The Brandon Extravaganza will take place at Estabrook on June 3.  “Food, Music, Games, and Fun to help build community.”

During the Public Comment portion of the meeting, resident Wayne Rausenberger emphasized the urgency of roadwork on Union Street between Ella Dean Road and Twin Oaks Road.  Mr. Rausenberger also urged the town to replace the plate-glass windows in the Town Offices, as they are cracked and discolored.  He called the windows “a disgrace,” especially considering that $500K had been spent on the building’s renovation.  Mr. Rausenberger also recommended that replacement of the floor in the main hall of Town Hall be postponed in favor of roof work.  Town Manager Hopkins replied that an estimate of $160K for roof work had been received in 2015 and a new estimate should be requested now.

Town Treasurer Sue Gage presented a partially updated policy on the town’s capital assets (roads, bridges, and other infrastructure).  The town’s current policy is woefully outdated, according to Ms. Gage and members of the board, but Selectperson Tim Guiles suggested that the entire policy be updated before any vote on it.  Ms. Gage agreed to come back with a complete update.

The board formally adopted a new payroll-payment process by which it will vote in advance to approve the town’s entire payroll until/unless there is a change in staffing or compensation.  The town manager will maintain a list of salaries and wages.  This is to avoid having to authorize payroll after it has already been distributed.

An unused 500-gallon fuel tank at the wastewater plant sparked a lengthy conversation among board members as to how the town should dispose of equipment and assets it no longer wants/has use for.

The board agreed to sell the tank in an eBay-style process whereby potential buyers would submit anonymous bids within a specified timeframe.  The bids would be kept current by the town manager and posted on the town’s website. Fire Chief Tom Kilpeck suggested that the board also look into Municibid, an online bidding service for municipalities looking to sell unwanted equipment.

The meeting experienced a moment of sharp debate among board members regarding requests for ARPA and option-tax money by several entities in town, including a time-sensitive request for $100,000 in ARPA funds from the Brandon Library for its upcoming renovation.  A full list of these entities and their requests is available in the packet on the town’s website.

Vice-chair Cecil Reniche-Smith recused herself from discussion of and voting on the library’s request because she is also a trustee of the library.  This left only 3 members—Mr. Guiles, Mr. Coolidge, and Ms. Nelson—to discuss and vote on the library’s request.

Though the board still had a quorum (only 3 members are needed to conduct official business), Board member Brian Coolidge did not want to entertain discussion or a vote on the ARPA requests without the full board present.  

Ms. Reniche-Smith and Ms. Nelson ultimately agreed with Mr. Coolidge to table all the requests until Mr. Wyman was present.

Mr. Guiles disagreed with his colleagues’ position, stating that a quorum was all that was needed and that to table these requests was bad precedent.  

Ms. Reniche-Smith explained that large one-time requests for town funds should be made with the full board present whereas approval of minor expenses or even the warrant (which authorizes payment of previously approved commitments) does not require the full board.

Mr. Coolidge stated after the meeting that he believed it necessary to have the full board present in order to foster better discussion of large expenditures.

Ultimately, the board voted 3 to 1 to table all the ARPA and option-tax requests until Mr. Wyman was present.  The board similarly voted 3 to 1 to table discussion of the purchase of a new woodchipper for the same reason.  Mr. Guiles was the sole nay vote in both instances.

As its final act of official business for the evening, the board unanimously approved the warrant for $1,668,156.68.  This amount included $230,000 for a new tandem truck and $45,000 for a new excavator, per previous board votes.

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