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Brattleboro Selectboard Agenda and Notes - September 5, 2017


The Brattleboro Selectboard will meet again on September 5, returning to business and signifying the end of summer break for all of us. There’s quite a bit of business, too.

The board will discuss water and sewer issues, the police and fire facilities, farm taxes, panhandling, and parking changes. They’ll deal with a pile of grant applications, hear from both the bus company and downtown organization, and make committee appointments. And you can bring up other issues not on the agenda during public participation.

.....

The Brattleboro Selectboard will meet on Tuesday, September 5, 2017, in the Selectboard Meeting Room at the Municipal Center. The Board will convene at 5:15pm and hold interviews for committee vacancies. It is anticipated that the Board will enter into executive session immediately following the interviews, at approximately 5:20pm, to discuss contracts, labor relations agreements with employees, arbitration or mediation, and the negotiation of a real estate purchase or lease. The Board will reconvene at 6:15pm for the regular business meeting.

ASL interpreters will be available for the deaf and hard-of-hearing community members.

Jan Anderson
Executive Secretary
Brattleboro Town Manager's Office
230 Main Street, Suite 208
Brattleboro, VT 05301
(802) 251-8100

....

BRATTLEBORO SELECTBOARD
SELECTBOARD MEETING ROOM, MUNICIPAL CENTER
TUESDAY, SEPTEMBER 5, 2017
COMMITTEE INTERVIEWS – 5:15PM
EXECUTIVE SESSION – 5:20PM
REGULAR MEETING – 6:15PM
AGENDA

1. CONVENE REGULAR MEETING
2. APPROVE MINUTESAugust 1
3. CHAIR’S REMARKS
4. MANAGER’S COMMENTS
5. SELECTBOARD COMMENTS AND COMMITTEE REPORTS
6. PUBLIC PARTICIPATION
7. LIQUOR COMMISSIONERS

A. First Class Liquor License – Basement Pub, LLC, d/b/a Latchis Pub

8. WATER AND SEWER COMMISSIONERS

A. Western Avenue Water Main -- Bid Award
B. Drinking Water Asset Management Grant – Accept and Appropriate

9. UNFINISHED BUSINESS

A. Police-Fire Facilities Project (i) Overall Project Update (ii) Authorization to Proceed with Plymovent System at the Central Fire Station and with Building Demolition, Parking Lot Construction, and Sitework at the Former West Brattleboro Fire Station (iii) See 10.B.(i) Below re: Parking on Elliot Street and Church Street
B. Panhandling – Continued Discussion (from July 11 meeting)

10. NEW BUSINESS

A. Financial Report – Monthly Report, July
B. Ordinance Amendments – First Reading (i) Modifying On-Street Parking on Elliot Street and Church Street Appendix C, Articles I, II, and III, Sections 16-87, 16-100, and 16-110 (ii) Increasing Speed Limit on Vernon Street Appendix C, Article IV, Section 16-46(b)
C. Release of Right of First Refusal and Waiver of Roll Back Tax – Chamberlin Farm
D. Southeast Vermont Transit, Inc. (Connecticut River Transit) -- Update
E. Downtown Brattleboro Alliance (DBA) – Semi-Annual Update
F. Approve Contract -- Wex Fuel Services
G. VCDP Grants for Windham + Windsor Housing Trust Projects –
(i) Accept and Appropriate Grant for Lamplighter/Great River Project
(ii) Public Hearing to Close Out Portfolio Enhancement 3 Project

H. First Wednesday Grant – Accept and Appropriate, Brooks Memorial Library
I. RERP Grant – Ratify Town Manager’s Approval to Submit Application
J. JAG Grant – Ratify Town Manager’s Approval to Submit Application
K. Community Wellness Grant – Approve Application, BASIC, Recreation & Parks Department
L. Vermont Rural Fire Protection Program – Dry Hydrant Grant, Fire Department
M. VLCT Annual Business Meeting – Appoint Delegate
N. Committee Appointments
O. Announce Committee Vacancies

11. CORRESPONDENCE/FYI

A. Warrants
B. Department Monthly Reports (June and July, 2017)

12. MEETINGS

See enclosed Town Calendar
13. ADJOURNMENT

....

MEMORANDUM
To
: Selectboard
From: Peter B. Elwell, Town Manager
Re: Administrative Report
Date: August 31, 2017

----
The following will summarize the proposed motions for the Selectboard meeting on Tuesday, September 5, 2017. The Board will hold committee interviews at 5:15pm and then meet in executive session at approximately 5:20pm to discuss contracts, labor relations agreements with employees, arbitration or mediation, and the negotiation of a real estate purchase or lease. The Board will reconvene the business meeting at 6:15pm in the Selectboard Meeting Room.

7. LIQUOR COMMISSIONERS

A. First Class Liquor License – Basement Pub, LLC, d/b/a Latchis Pub The Board is asked to approve a first class liquor license for Latchis Pub at 6 Flat Street (the former location of the Flat Street Pub). The Police Department has approved the application and the Fire Department has conditionally approved it, subject to certain fire safety improvements that will be made as part of preparing the business for opening. As always, the Selectboard’s action on this matter will be subject to final action by the Vermont Department of Liquor Control.

POTENTIAL MOTION: TO APPROVE A FIRST CLASS LIQUOR LICENSE FOR BASEMENT PUB, LLC, D/B/A LATCHIS PUB.

8. WATER AND SEWER COMMISSIONERS

A. Western Avenue Water Main -- Bid Award The Board is asked to approve awarding a contract in the amount of $320,210.10 to Haluch Water Contracting, Inc., of Ludlow, Massachusetts, for replacement of the water main under Western Avenue where it passes over I-91. Including engineering expenses and all incidental expenses, the total cost of this project is expected to be less than $375,000, which is well below the $460,000 that was budgeted for this work.

POTENTIAL MOTION: TO APPROVE AWARDING A CONTRACT IN THE AMOUNT OF $320,210.10 TO HALUCH WATER CONTRACTING, INC., FOR REPLACEMENT OF THE WESTERN AVENUE WATER MAIN WHERE IT PASSES OVER I-91.

B. Drinking Water Asset Management Grant – Accept and Appropriate The Board is asked to accept and appropriate a $20,000 Drinking Water Asset Management Grant from the Vermont Department of Environmental Conservation to develop a drinking water asset management plan.

POTENTIAL MOTION: TO APPROVE A $20,000 DRINKING WATER ASSET MANAGEMENT GRANT FROM THE VERMONT DEPARTMENT OF ENVIRONMENTAL CONSERVATION.
9. UNFINISHED BUSINESS

A. Police-Fire Facilities Project (i) Overall Project Update (ii) Authorization to Proceed with Plymovent System at the Central Fire Station and with Building Demolition, Parking Lot Construction, and Sitework at the Former West Brattleboro Fire Station (iii) See 10.B.(i) Below re: Parking on Elliot Street and Church Street The Board will receive an update from Town Manager Elwell and will be asked to authorize expenditure of (1) $55,000 for demolition of the old West Brattleboro Fire
Station and construction of a new parking lot, drainage, and landscape improvements (all in compliance with the DRB approval of this project), and (2) $33,000 for expansion of the Plymovent vehicle exhaust system at the Central Fire Station.

POTENTIAL MOTION: TO AUTHORIZE THE EXPENDITURE OF $55,000 FOR DEMOTION OF THE OLD WEST BRATTLEBORO FIRE STATION AND CONSTRUCTION OF A NEW PARKING LOT, DRAINAGE, AND LANDSCAPE IMPROVEMENTS AT THAT SITE, AND THE EXPENDITURE OF $33,000 FOR EXPANSION OF THE PLYMOVENT VEHICLE EXHAUST SYSTEM AT THE CENTRAL FIRE STATION.

B. Panhandling – Continued Discussion (from July 11 meeting) The Board will receive updates on the status of work that was first discussed during the July 11 Selectboard meeting and will continue its consideration of Town action(s) on this matter.

POTENTIAL MOTION: TBD

10. NEW BUSINESS

A. Financial Report – Monthly Report, July Finance Director John O’Connor will present the monthly financial report.

NO ACTION IS REQUIRED ON THIS ITEM.

B. Ordinance Amendments – First Reading (i) Modifying On-Street Parking on Elliot Street and Church Street Appendix C, Articles I, II, and III, Sections 16-87, 16-100, and 16-110 (ii) Increasing Speed Limit on Vernon Street Appendix C, Article IV, Section 16-46(b) The Board is asked to hold a first reading on amendments to Appendix C of the Code of Ordinances. The amendment to Articles I, II, and III will alter parking on Elliot Street to allow for the Fire Department vehicles’ turning radium when leaving the station at the intersection of Spring Street and Elliot Street, and to add three metered spaces on Church Street to make more on-street parking available to the public. The amendment to Article IV (increasing the speed on Vernon Street) has previously been approved by the Traffic Safety Committee and the Selectboard. A second reading and public hearing on all of the amendments will take place at the next Selectboard meeting.

NO MOTION IS REQUIRED ON THIS ITEM.

C. Release of Right of First Refusal and Waiver of Roll Back Tax – Chamberlin Farm The Board is asked to take action on two matters pertaining to the Phoebe Chamberlin farm which is subject to a Farm Tax Stabilization Agreement. Ms. Chamberlin requests that the Town waive its Right of First Refusal to purchase the farm for the price of $250,000, and to waive or reduce the rollback tax recapture payment, as set forth in the memorandum dated August 30, 2017, from Town Attorney Robert Fisher.

POTENTIAL MOTION #1: TO WAIVE AND RELEASE THE TOWN OF BRATTLEBORO’S RIGHT OF FIRST REFUSAL TO PURCHASE THE CHAMBERLIN FARM FOR $250,000.

POTENTIAL MOTION #2: TO WAIVE (OR REDUCE BY $__________) THE ROLLBACK TAX RECAPTURE PAYMENT REQUIRED BY THE FARM TAX STABILIZATION AGREEMENT BETWEEN THE TOWN OF BRATTLEBORO AND PHOEBE CHAMBERLIN ON THE BASIS OF MS. CHAMBERLIN’S DECLINING HEALTH AND OTHER HARDSHIPS AS SET FORTH IN THE LETTER DATED AUGUST 28, 2017, FROM ATTORNEY JODI FRENCH.

D. Southeast Vermont Transit, Inc. (Connecticut River Transit) -- Update The Board will hear an update from the bus service representatives regarding their overall services and an ongoing review of routes and schedules in Brattleboro. The review of routes and schedules is intended to make The Current’s routing system both easier to understand and more useful for the bus-riding public.

NO ACTION IS REQUIRED ON THIS MATTER.

E. Downtown Brattleboro Alliance (DBA) – Semi-Annual Update The Board will hear an update from DBA representatives regarding the DBA’s service to and programs in downtown Brattleboro.

NO ACTION IS REQUIRED ON THIS MATTER.

F. Approve Contract -- Wex Fuel Services The Board is asked to authorize the Town Manager to execute an addendum to the Fuel Card Services Agreement between WEX Bank and the State of Vermont, allowing the Town to purchase gas at commercial stations for a discounted price. This system is expected to serve the Town’s needs as well as (or better than) our own “gas station” at Public Works, while enhancing internal controls. If the WEX system works as well as staff expects, the Town will be able to remove the gas tanks from the DPW site, thereby reducing both long term capital costs and our ongoing liability.

POTENTIAL MOTION: TO AUTHORIZE THE TOWN MANAGER TO EXECUTE AN ADDENDUM TO THE FUEL CARD SERVICES AGREEMENT BETWEEN WEX BANK AND THE STATE OF VERMONT.

G. VCDP Grants for Windham + Windsor Housing Trust Projects – (i) Accept and Appropriate Grant for Lamplighter/Great River Project (ii) Public Hearing to Close Out Portfolio Enhancement 3 Project The Board is asked to address two separate grants for projects administered under sub-grant agreements with the Windham and Windsor Housing Trust (WWHT). First, the Board is asked to accept and appropriate a $420,000 Vermont CommunityDevelopment Program (VCDP) grant and to authorize the Town Manager to execute related documents in support of the WWHT’s “Brattleboro Permanent Supportive Housing Project” that will transform the Lamplighter Hotel property into transitional housing with a variety of support services on site. Second, the Board is asked to hold a public hearing for the purpose of closing out the administration of a $425,000 VCDP grant that enabled WWHT to renovate 5 multi-family properties (comprising 29 rental housing units) in Brattleboro through the “Portfolio Enhancement 3 Project.”

POTENTIAL MOTION #1: TO ACCEPT AND APPROPRIATE A GRANT FROM THE VERMONT COMMUNITY DEVELOPMENT PROGRAM IN THE AMOUNT OF $420,000 FOR THE BRATTLEBORO PERMANENT SUPPORTIVE HOUSING PROJECT.

POTENTIAL MOTION #2: TO AUTHORIZE THE TOWN MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE STATE OF VERMONT, A V.C.D.P. LOAN AND SECURITY AGREEMENT WITH THE GREAT RIVER TERRACE LIMITED PARTNERSHIP, AND A PROGRAM MANAGEMENT AGREEMENT WITH THE WINDHAM AND WINDSOR HOUSING TRUST, ALL IN SUPPORT OF THE BRATTLEBORO PERMANENT SUPPORTIVE HOUSING PROJECT.

H. First Wednesday Grant – Accept and Appropriate, Brooks Memorial Library The Board is asked to accept and appropriate a $650 grant from the Vermont Department of Libraries to support the First Wednesday Speaker Series at Brooks Memorial Library.

POTENTIAL MOTION: TO ACCEPT AND APPROPRIATE A $650 GRANT FROM THE VERMONT DEPARTMENT OF LIBRARIES FOR THE FIRST WEDNESDAY SPEAKER SERIES AT BROOKS MEMORIAL LIBRARY.

I. RERP Grant – Ratify Town Manager’s Approval to Submit Application The deadline for submitting the Town’s annual application for a Radiological Emergency Response Plan (RERP) grant from the Vermont Department of Public Safety was August 17, 2017. In order to comply with this deadline and to receive the $15,000 that has been allocated to the Town of Brattleboro for FY18, the Town Manager authorized that the application be submitted prior to Selectboard action on this matter. The Board is asked to ratify the Town Manager’s decision.

POTENTIAL MOTION: TO RATIFY THE TOWN MANAGER’S DECISION TO APPLY FOR A $15,000 R.E.R.P. GRANT FROM THE VERMONT DEPARTMENT OF PUBLIC SAFETY.

J. JAG Grant – Ratify Town Manager’s Approval to Submit Application The deadline for submitting the Town’s annual application for a Justice Assistance Grant (JAG) from the United States Department of Justice is the same day as the Selectboard meeting: September 5, 2017. In order to comply with this deadline and to receive the $17,264 that has been allocated to the Town of Brattleboro for FY18, the Town Manager authorized that the application be submitted prior to Selectboard action on this matter. The Board is asked to ratify the Town Manager’s decision.

POTENTIAL MOTION: TO RATIFY THE TOWN MANAGER’S DECISION TO APPLY FOR A $17,264 JUSTICE ASSISTANCE GRANT FROM THE UNITED STATES DEPARTMENT OF JUSTICE.

K. Community Wellness Grant – Approve Application, BASIC, Recreation & Parks Department The Board is asked to authorize the Recreation and Parks Department and BASIC (Brattleboro Area Skatepark is Coming) to apply for a $15,000 Community Wellness Grant from the State of Vermont’s Governor’s Council on Physical Fitness and Sports to provide funding support for construction of a skatepark at Living Memorial Park.

POTENTIAL MOTION: TO APPROVE AN APPLICATION FOR A $15,000 COMMUNITY WELLNESS GRANT FROM THE GOVERNOR’S COUNCIL ON PHYSICAL FITNESS AND SPORTS TO PROVIDE FUNDING SUPPPORT FOR A SKATEPARK AT LIVING MEMORIAL PARK.

L. Vermont Rural Fire Protection Program – Dry Hydrant Grant, Fire Department The Board is asked to authorize the Fire Department to apply for a $5,000 Rural Fire Protection Program Grant from the State of Vermont’s Rural Fire Protection Task Force to provide funding support for construction of a dry hydrant at 87 Goodenough Road.

POTENTIAL MOTION: TO APPROVE AN APPLICATION FOR A $5,000 RURAL FIRE PROTECTION PROGRAM GRANT FROM THE RURAL FIRE PROTECTION TASK FORCE TO PROVIDE FUNDING SUPPPORT FOR A DRY HYDRANT AT 87 GOODENOUGH ROAD.

M. VLCT Annual Business Meeting – Appoint Delegate The annual Town Fair of the Vermont League of Cities and Towns (VLCT) includes both a variety of training sessions and the VLCT’s annual business meeting. Town Manager Elwell will be attending both the business meeting and the training sessions at the 2017 Town Fair. He requests that the Selectboard designate him as the Town’s official voting delegate for the business meeting.

POTENTIAL MOTION: TO APPOINT TOWN MANAGER PETER ELWELL AS THE TOWN OF BRATTLEBORO’S VOTING DELEGATE AT THE VERMONT LEAGUE OF CITIES AND TOWNS’ ANNUAL BUSINESS MEETING ON OCTOBER 4, 2017.

N. Committee Appointments The Board is asked to make appointments to fill vacancies on the Town Arts Committee, the Brattleboro Housing Partnerships Board of Commissioners, the Recreation and Parks Board, and the Tree Advisory Committee.

NOMINATIONS: TBD

O. Announce Committee Vacancies The Board is asked to announce vacancies on several Town boards and committees.

NO MOTION IS REQUIRED ON THIS ITEM.

»

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