Brookfield, Vermont

TOWN OF BROOKFIELD
Selectboard Meeting
Held by Zoom
11 January 2021 at 6:30 PM
Those present: John Benson, Chair; (telephone conferencing) Dennis LaRocque, Board Member; Jeff Kimmel, Board Member; Kasey Peterson, Assistant Town Clerk; Tim Higgins, Road Crew Foreman, Betty Lord, Secretary; Jim Merriam, Kevin and Marie Dunwoody, Jose´ Luzardo, Gwynn Zakov (Brookfield Planning Commission Chair), Timothy Kirsher, Chris LaPointe, Scott Brock, Shawn Krisch, Wayne Fontanella, Will White, Zoe Newmarco, Jon Binhammer, Nancy Jacques, Don Dobeck, and Wayne Meginnes.
A. Call to Order: The meeting was called to order by Chair John Benson at 6:41 p.m.
B. Adjustments to the Agenda
Mr. Benson acknowledged there were quite a number of people present who wished to speak to the Solar installation issue, as well as to the zoning requests, and the agenda was adjusted accordingly.
Sprague Sand Pit: Chris LaPointe asked for a clarification of where the Sprague sand pit is located. Mr. Benson stated the site is along Route 14, on the west side of the valley across from the Woodruff residence. Mr. Benson further stated the Town needed a source for winter sand as the source that is presently being used is only adequate for perhaps one more year. If terms can be reached with the Spragues, indications are the new site could be used for 15 to 20 years. As the sand is taken, the topsoil would be replaced on the site making the land available for agricultural use again.
Solar Array: Mr. Benson explained that Mr. Merriam of Norwich Solar Technologies attended the last Board meeting by Zoom to ask that the Chair of the Board, along with the Chair of the Planning Commission, sign a letter to the Public Service Board of Vermont in which the proposed site for a solar array on the old Smith Farm (on the Ridge Road), presently owned by Sprague Farms, be “deemed preferred.” Questions ensued by members of the community and especially those who own properties that abut the proposed project land.
Mr. Merriam was informed that at least four landowners whose properties abut the Sprague land have not been notified of the proposed plan. It was also pointed out that solar arrays should not affect historic sites and the land to be used abuts the property of the Marvin Newton House, owned and operated by the Brookfield Historical Society, which is listed on the National Register of Historic Sites.
It was also pointed out that in 2017 the Two Rivers-Ottaquechee Regional Commission prepared an Energy Plans Packet with a map of potential solar sites and the property in question did not appear on that map for the Town of Brookfield.
There was some question of whether or not approving the property as a “deemed preferred site” would be binding for the Town, or whether changes could be made subsequently, such as a vote “no” on the project, after these letters had been submitted.
Kevin and Marie Dunwoody expressed concerns as owners of property which would abut the solar array; i.e., the effect on property values, the land has been designated for residential and agricultural use, and with the panels being 10 feet high the array will be seen from the road and a deterrent to the view and the beauty of the landscape. Mr. Dunwoody further commented the project would “benefit a few people and affect many people.”
When asked about the need to have the letters to the Public Service Board by February 2, Mr. Merriam explained that new guidelines would go into effect on all applications filed after that date, so that the fee for filing a full application would increase by 15%. Up until February 2, the cost of filling a complete application is $30,000. These points will be further discussed on January 12 at 7:00 p.m. at the Planning Commission Meeting.
Zoning Requests: Mr. Kimmel stated there were three cases awaiting decisions on requests for variances: (1) Mr. Krisch is requesting a variance on a three-acre lot to build a camp. The minimum required acreage in that zoning district is five acres; (2) Mr. Schmechel is requesting the building of a handicap access ramp from a porch that will be 25 ft from the road instead of the required 65 ft, and (3) Mr. Brock is requesting to build a shed which will be less than the minimum 50 ft from the property boundary.
Discussion ensued in which a request was made that a better process be put into place to handle these variance requests in a timely manner and that the names and email addresses of the members of the Selectboard, Board of Adjustment, and the Planning Commission be put on the Town website so that if there is no response from one member, another member could be contacted.
Mr. LaRocque made a motion to consider the three requests for variances to be deemed approved due to the amount of time that had transpired since the requests were made. Mr. Kimmel seconded the motion.
The question arose as to whether the Selectboard had the authority to move that the request be “deemed approved.” After discussion, Mr. LaRocque withdrew his motion and the Board will refer this issue to the Town’s attorney for further information.
C. PUBLIC COMMENT: See above.
D. HIGHWAY
1. Gravel Pit: Mr. Higgins, Road Foreman, said the southern bridge across from the Woodruff driveway would be the best of two bridges to use to get into the gravel pit. He stated it would need to be widened and reinforced by another piece of steel.
Mr. Benson asked Mr. Higgins to give him further information about what the costs would be for buying sand on the open market. Mr. Higgins said that the Hebert operation would charge $6.00 a yard if the Town does the hauling. Mr. Higgins was also asked to call other vendors to get additional comparative pricing.
Mr. Higgins reported that Mr. Larry Brassard had contacted him about a post that had been knocked down in front of his house. The Town installed a new post off the travel way. Said post has now been moved into the travel way. Mrs. Peterson was asked to send a letter to Mr. Brassard asking him to move the post back out of the travel way. A copy of the letter is to be sent to the Town’s attorney.
With regard to people clearing snow out onto the road, Mr Kimmel will contact the Town’s attorney about the issue and Mr. Higgins will contact VTrans to see what action can be taken by the Town.
Mr. Higgins stated that a road signs inventory had been taken at the Town Garage. He has also talked with someone at WorkSafe about ordering Weight Limit signs for Northfield Road.
2. Certificate of Highway Mileage: Mr. Kimmel will review and confer with Mr. Higgins. Initial conclusion is that no changes have been made to road classifications during the past year.
E. NEW BUSINESS
1. Zoning requests: See above.
F. OLD BUSINESS
1. Solar Project: See above.
2. Budget and Town Meeting: Mr. Benson reported that he had updated the budget with all information received and had sent a copy to the Selectboard members.
There has been no final action yet by the legislature giving towns the option of changing the date of their Town Meetings to a later time in the year due to COVID-19 concerns. If permitted, Brookfield’s Town Meeting could potentially be moved to sometime in May.
Mr. Benson made a motion to hire Harmony Electric for $1,900 to upgrade the lighting in the Town Clerk’s office. Mr. Kimmel seconded and the motion was carried unanimously: 3-0-0. Mrs. Peterson will contact Harmony Electric to schedule the work.
G. APPROVE MINUTES OF 28 DECEMBER MEETING
Mr. Kimmel made a motion to accept the minutes as presented. Mr. Benson seconded the motion, which carried unanimously: 3-0-0.
H. PAYROLL AND AP WARRANTS
Mr. LaRocque made a motion to accept the accounts payable/warrants in the amount of $16,131.43 with the largest amount being paid to Conniff’s Custom Builders in the amount of $9,000. Mr. Kimmel seconded the motion, which carried unanimously: 3-0-0.
I. OTHER BUSINESS
Mr. Richard Cox notified the Board that he would be doing a heavy cut.
ADJOURNMENT
There being no further business to come before the Board, Mr. LaRocque made a motion to adjourn. Mr. Kimmel seconded the motion, which was unanimously approved (3-0-0) and the meeting was adjourned at 9:18 p.m.

TOWN OF BROOKFIELD
Selectboard Meeting
Held by Zoom
28 December 2020 at 6:30 PM
Those present: John Benson, Chair (by telephone); Dennis LaRocque, Board Member; and Jeff Kimmel, Board Member; Kasey Peterson, Assistant Town Clerk; Tim Higgins, Road Crew Foreman, Betty Lord, Secretary; Jim Merriam (all by Zoom) and Lew Stowell (by telephone).
A. Call to Order: the meeting was called to order by the Chair, Mr. Benson, at 6:30 pm.
B. Adjustments to Agenda – None
C. Public Comments – None
D. Highway
1. Internet Access at Town Garage
Ms. Peterson reported that she had looked into the internet problem at the Town garage and felt it was not a problem of speed but rather of distance. She felt the problem could be corrected by buying a small booster box which would make the service available around the garage property. Mr. Benson made a motion to allow Ms. Peterson to purchase a booster box for the Town Garage up to the amount of $50. Mr. LaRocque seconded and the motion was unanimously approved. 3-0-0.
Mr Higgins reported that he had talked with a couple of companies regarding the purchase of a new truck and was expecting to have pricing by the end of the week. Mr. Higgins was asked to provide the figures to the members the Board as soon as they are available.
Mr Higgins also related to the Board that Larry Hebert may not have enough sand for the Town’s use and if he found that he did have enough, the price would be increased by 25 cents per yard. Mr. Higgins was asked to check other sources and get their pricing for 5,000 to 6,000 yards of sand for the coming winter. He was also asked to contact Mr. Doug Haggett and see what he is charging for sand by the yard although Mr. Haggett’s sand pit is approved under Act 250 which limits the amount of sand that he can remove at any one time.
Mr Higgins reported that he had been getting pricing for stripping top soil on the Sprague property relating to the proposed sand pit project.
Mr. Kimmel asked about a nearby cherry tree that Mr. Bill Grady wishes to have removed that is across from his property. Mr. Higgins said he had talked with the landowner of the property on which the tree is located, who agreed with the Town taking whatever action is needed. Mr Higgins reported that the tree is in a precarious position and would require a professional tree company to remove it rather than having the Town Road Crew remove it. Mr. Benson said there is a line item in the budget for professional tree removal and there is a history of having done so before.
E. New Business
1. Public Safety Advisory Committee
a. FY 2022 Contract with Orange County Sheriff’s Department (OCSD)
Mr. Lew Stowell met with the Board (by telephone) and spoke for the Public Safety Advisory Committee. Mr. Stowell presented a proposal from Orange County Sheriff Bohnyak regarding the contract with OCSD for patrolling in the Town of Brookfield. The Board reviewed the report and asked Mr. Stowell to contact OCSD and ask them to prepare a contract to be signed by the Board as follows:
Contract $15,000 annual: $49.00 per hour, 306 hours per year.
January, February, March, October, November, December: 17 hours per month.
April, May, June, July, August, September: 34 hours per month.
b. Town Over-Weight and Over-Sized Vehicles Signage/Permitting Project
Mr. Stowell was asked to prepare a draft outline of the proposal for changes of speed limit signs and Over-Weight and Over-Sized vehicle signage to be placed on Northfield Road. The information would be included in the next meeting agenda; anyone who wishes may join the Board Meeting by telephone conferencing or Zoom. There are five signs that will need to be installed by mud season of 2021. The Town will order the signs to have them ready for installation in the spring. The Board gave Mr. Higgins the authority to buy the equipment needed to install the signs.
c. Inter-Departmental and Committee Protocol Request
Mr. Stowell asked for clarification on whom PSAC members should contact when questions arise regarding the various areas of the Town’s business. The Board instructed the Committee to contact the person who would be most capable of answering the questions, i.e.: if questions occur regarding the roads, Mr. Higgins should be contacted. If Committee members are unsure as to whom they should direct their questions, Mr. Kimmel can be contacted to either answer their questions or direct them to the proper source.
d. Traffic Ordinance Final Review
Mr. Stowell reported that a final draft of the proposed traffic ordinance amendments will be presented to the Selectboard at the meeting of January 25, 2021. Mr. Benson stated that all changes to the ordinance must be warned and a public hearing held before any changes can be approved. A summary of the proposed changes will be posted in three places in Town as well in the Randolph Herald and on Front Porch Forum. The draft ordinance will include the highlighted changes in the document. It was requested that the proposed changes be sent to the members of the Selectboard at least two days before the meeting to allow time for the Selectmen to become familiar with the material. Mr. Higgins agreed to send any comments he may have to Mr. Stowell.
Mr. Kimmel, Mr. LaRocque, and Mr. Higgins will attend the next PSAC meeting on January 20, 2021. Ms. Peterson will set up Zoom training for anyone on the committee who needs help, and she will post the meeting on Zoom.
2. Solar Project on Ridge Road
Mr. Jim Merriam of Norwich Technologies came before the Board (by Zoom) to present information regarding a solar project being proposed by Sprague Farms on the old Smith property on Ridge Road. He asked that a letter be signed by the Chair of the Selectboard and the Chair of the Planning Commission to the Public Service Board of Vermont in which the site is “deemed preferred.” Mr. Benson said that the members of the Selectboard will review the proposal by the January 11, 2021 meeting and if finding the proposal in keeping with all Town rules and regulations, it will be signed and if not further information will be requested.
3. Mapping Contract with Cartographic Associates
This new contract was proposed by Mr. Stuart Edson at the Board Meeting on December 14. The proposal was reviewed by the Board and Mr. Benson signed the contract on behalf of the Town.
F. Old Business
1. Budget
Mr. Benson asked Mr. Higgins to get him the pricing on the proposed new Town Highway Department truck as soon as possible for the new budget. The on-going reappraisal costs will be split into two years. As the Town financial audit was limited this year, $9,500 will be paid at the end of the fiscal year and $18,000 will be budgeted for next year with an in-depth audit.
2. Town Meeting
The Board did not take any action as the Legislature will not be meeting until early January when they will vote on whether to allow towns to move Town Meeting Day due to COVID-19 precautions, along with the procedures for doing so.
G. Approval of Minutes from 14 December 2020 Board Meeting
In reviewing the minutes, Mr. LaRocque said he did not remember being asked by Mr. Benson to check the Traffic Ordinance to ascertain which roads need to be warned. There being no objection, the line was struck from the minutes. Mr. Kimmel made a motion to accept the minutes as presented with one correction. Mr. Benson seconded the motion which carried unanimously. 3-0-0.
H. Mr. LaRocque made a motion to accept the Accounts Payable report with a total of $10,075.88 and the highest payment being made to White River Valley Ambulance Service of $3,425.00 as presented. Mr. Kimmel seconded the motion which carried unanimously. 3-0-0.
I. Other Proper Business
Mr. Benson advised that several requests for zoning permit variances should be considered for “deemed approval” based on extensive delays in processing the requests. Mr. Kimmel will follow up with the applicants (Krisch, Schmeckel, and Brock).
J. Adjournment: there being no further business to come before the Board, the meeting was adjourned at 8:15 p.m.
Respectfully submitted,
Betty T. Lord
Secretary