Brandon SB discusses Carver closure, EV charge rates, BLUO, and bridge accidents

By STEVEN JUPITER

BRANDON—The Brandon Selectboard convened for its regular meeting on Monday evening.

Further damage to Sanderson covered bridge

During his report to the Selectboard, which is reprinted in this issue, Town Manager Seth Hopkins added that the Sanderson covered bridge on Pearl Street had been struck by a tractor-trailer yet again last Friday, causing even more damage to the wooden structure.

This is the second collision between a tractor-trailer and the bridge this fall. The previous collision caused $25,000 in damage, which will be paid by that trucker’s insurance company.

In this most recent collision, according to the report from the Brandon Police Department, the driver of the truck attempted to flee the scene but was apprehended on Short Swamp Road after nearly forcing a vehicle with children off the road.

Mr. Hopkins stated that the town was able to get the trucker’s insurance information and will seek compensation. Additionally, he suggested that the Board approve a change order to add the additional damage to the existing quote from Naylor & Breen for the damage from the earlier accident. 

The Board discussed several options to prevent such collisions, since this is the second collision in as many months. There are currently prominent signs on both sides of the bridge to warn truckers that their rigs will not fit and to turn around. However, as is evident from the recent collisions, not all truckers notice or obey the signs.

Remedies such as steel bars across the bridge’s canopy were rejected because of aesthetics and the liability the town could face for the damage to trucks. It was suggested that some kind of structure with hanging flaps be installed to allow truckers to gauge whether their rigs would fit through the bridge before reaching it. Some attendees also suggested the imposition of fines as large as $10K to be levied against drivers personally rather than their insurance companies.

Mr. Hopkins noted that towns in the Northeast Kingdom had faced similar problems with their covered bridges and that he would reach out to see how they’re approaching the issue.

In another update to his written report, Mr. Hopkins noted that the town had received its 1% Local Option Tax payment from the state for the third quarter of the current year (July, August, and September). The total amount was $81,693, the second-highest quarterly payment the town has received since the program was implemented in 2017. The 1% option tax program has netted Brandon a total of $1,807,320.19 since its inception.

Electric Vehicle charging rates

Board member Brian Coolidge made a motion to increase Brandon’s EV charging rate in tandem with any increases in Green Mountain Power’s (GMP) rates. GMP had recently raised its rate by 5.26% and Mr. Coolidge stated that the town needed to match this increase and then automatically match any additional increases when they occur.

The town operates two EV charging stations in the parking lot behind Dunkin’ Donuts on Conant Square. The stations can charge up to 4 cars simultaneously. Brandon currently charges $0.44 per kilowatt hour to charge and $1.25 per hour to occupy the parking spaces adjacent to the charging stations.

Board member Tim Guiles, who has been a vocal proponent of EVs, acknowledged that the town’s charging rate should rise in tandem with GMP’s but objected to the parking charges, arguing that no other parking spots in town are subject to a charge and EV owners should not be penalized.

Board member Heather Nelson responded that those spots are intrinsically different from any other parking spots in town and that there needs to be an incentive to vacate the spots so that other EV owners can use them.

An attendee who uses her Tesla EV as an Uber recounted to the Board her experiences with charging stations around Vermont. 

Ms. Nelson suggested that instead of a parking fee, which would accrue even while a car is charging, an “idle fee” should kick in only an hour after an EV is completely charged, as a way of allowing EV owners to patronize local shops while their cars are charging but also encourage them to vacate the spots for other users.

Mr. Guiles agreed that an “idle fee” would be acceptable.

The Board unanimously approved both the motion to increase rates in tandem with GMP and to implement a $1.25 idle fee beginning one hour after completion of an EV’s charge, with no parking fee while charging.

Reclassifying lower Carver Street

Mr. Hopkins suggested to the Board that the unpaved section of Carver Street roughly between the railroad overpass and the bridge over Otter Creek (“lower Carver”) be reclassified as a trail in order to allow the town to erect a gate on either end to prohibit vehicular traffic. The road, which connects Brandon and Pittsford, would remain open to pedestrians and cyclists.

The reclassification is sought in response to decades of illegal dumping alongside the roadway, which runs next to Otter Creek. Recently, the town was obligated by the state to remove and dispose of a load of discarded roofing shingles that had been illegally dumped in the waterway. The removal and disposal cost the town $1,000, in addition to the labor and equipment time.

Mr. Hopkins and Deputy Town Manager Bill Moore stated that the town had already received “enthusiastic” support for the proposal from all the adjacent landowners.

Mr. Guiles also expressed his support for the idea, noting that it would save money that could be better spent elsewhere.

Mr. Coolidge called the proposal “a waste of time” and asserted that the Pittsford Selectboard was opposed to it. Pittsford would need to agree to the reclassification because the road connects the two towns. Coolidge added that anyone inclined to dump illegally on lower Carver would likely just dump somewhere else.

Several attendees, some of whom live near the road, had come to the meeting specifically to register their opposition to the plan. Some said the town should ask the police department to crack down on dumping before gating off the road. Some suggested that the town install cameras to catch offenders. Some suggested imposing large fines (currently the town would impose the state’s $500 fine for illegal dumping).

The main objections to the proposal were that it would deny lawful residents access to a valued natural resource, as the road passes through undeveloped wetlands and is used by nature lovers and hunters alike, some of whom would not be able to access the road if they couldn’t enter by car. 

Ultimately, Board Chair Doug Bailey offered to attend a meeting of the Pittsford Selectboard and seek their cooperation as the next step forward.

Brandon Land Use Ordinance

Brandon Planning Commission (BPC) Chair Jack Schneider submitted BPC’s proposed amendments to the Brandon Land Use Ordinance (BLUO) to the Selectboard. The amendments make changes to the town’s zoning ordinances in order “to increase housing opportunities, reduce nonconformities, align bylaws with changes in state law, and minimize impacts to local resources in a manner that is consistent with the Brandon Town Plan.”

BPC had received a grant to update Brandon’s bylaws and undertook these revisions also in order to comply with recent changes in state law, according to BPC’s submitted report, which is available on the town website under Committees 🡪Planning Commission. Hard copies are also available at the Town Office.

The proposed amendments rezoned Brandon into several districts based on predominant uses and characteristics: Central Business, Mixed Use, Village, Neighborhood, and Rural.

The Central Business District encompasses most of what residents normally think of as “downtown Brandon,” from the library to roughly Dunkin’ Donuts. Mixed Use are areas generally along Route 7 both north and south of town where housing and commercial uses are interspersed. The Village district is the older, higher-density residential areas surrounding the Central Business district. The Neighborhood district encompasses mostly newer residential development in Brandon and Forest Dale (Mt. Pleasant and Forestbrook, for example). The Rural district is the low-density areas surrounding the other districts, a mix of isolated homesteads and agricultural uses.

The BLUO determines minimum lot sizes, maximum building heights, permitted and non-permitted uses, etc. for each district.

At a public BPC hearing on Wednesday, November 20, attendees had an opportunity to ask questions before the amendments were presented to the Selectboard. Most of the expressed concerns related to density and parking, noting that more residents in certain areas close to downtown would overburden what is already extremely limited parking. Residents of West Seminary Street were especially concerned that relaxing permitted uses of the old Brandon High School would make the neighborhood unsafe for pedestrians and encourage illegal parking.

The Board unanimously voted to hold a public hearing on the proposed amendments on Monday, December 16 at 6 p.m. at Brandon Town Hall. Anyone with concerns or questions about the proposed amendments is encouraged to attend. The Board will use the feedback from the hearing in determining whether to vote to accept the amendments.

Rutland Regional Emergency Management Committee appointments

Town Manager Seth Hopkins and Brandon Fire Department Chief Tom Kilpeck were appointed to represent Brandon on the Rutland Regional Emergency Management Committee. Mr. Hopkins also acts as Brandon’s Emergency Management Director. 

Warrant

The Board unanimously voted to approve a warrant in the amount of $1,340,163.00 to cover its obligations and expenses. This amount includes a payment to Otter Valley Unified Union of $1,294,436.11. 

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