Brattleboro Selectboard Agenda and Notes – July 11, 2023

The results of the Brattleboro Selectboard board retreat will be discussed at their next Tuesday meeting. Hint: they have established their five top goals of the year to be good transportation center parking, the town pool, the community safety plan, safety zones, and housing.

Tax rates and utility rates will be set, housing and land use will be discussed, and you can bring up any other items not on the agenda if the Chair allows under Public Participation.

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The Brattleboro Selectboard will hold a special meeting on Tuesday, July 11, 2023 at 6:15pm in the Selectboard Meeting Room at the Municipal Center (230 Main Street). Prior to the business part of the meeting, at 5:30pm,  the Selectboard will conduct committee interviews with candidates for the Development Review Board and the Tree Advisory Board. Immediately following the business part of the meeting, the Selectboard is expected to immediately enter into executive session to discuss contracts, real estate and the evaluation of a public official. After exiting the executive session, the Board is expected to immediately adjourn. No action will be taken in executive session. The public may also participate in the meeting over Zoom. The attached agenda contains information on how to access the meeting remotely, including the required “passcode.”  ASL interpreters will be available for deaf and hard-of-hearing community members.

 

 

Jessica Sticklor (she/her/hers)

Executive Assistant

Town of Brattleboro

230 Main Street, Suite 208

Brattleboro, VT 05301

(802) 251 – 8115

BRATTLEBORO SELECTBOARD

TUESDAY, JULY 11, 2023

SELECTBOARD MEETING ROOM + ZOOM

COMMITTEE INTERVIEWS – 5:30PM

EXECUTIVE SESSION – 8:55PM

SPECIAL MEETING – 6:15PM

The physical location for this meeting will be the Selectboard Meeting Room at the Municipal Center at

230 Main Street.

If you join the meeting from your computer, tablet, or smartphone, please use this link:

https://us02web.zoom.us/j/86067892659

The “Meeting ID” for this meeting is:

860 6789 2659

Passcode: 12261753

You also can call in using your telephone

by dialing any of these toll-free numbers in the United States:

833-548-0282

877-853-5247

888-788-0099

833-548-0276

(*6 Mute/Unmute – *9 Raise Hand)

The meeting also will be carried live on BCTV:

On Cable TV: Channel 1079

Streaming Online: https://www.brattleborotv.org/channel-1079-livestream

Facebook Live: https://www.facebook.com/brattleborotv

AGENDA

ADMINISTRATIVE REPORT

(please note that all times are approximate)

1. CONVENE REGULAR MEETING (6:15 PM)

2. APPROVE MINUTES – June 20, 2023

3. CHAIR’S REMARKS

4. MANAGER’S COMMENTS

5. SELECTBOARD COMMENTS AND COMMITTEE REPORTS

6. PUBLIC PARTICIPATION (6:25 PM)

7. CONSENT AGENDA (6:35 PM)

A. Capital Paving Bid Award

B. Municipal Roads General Permit (MRGP) Ditching Project Bid Award

C. Energy Efficiency Block Grant

D. Memorandum of Understanding with Vermont River Conservancy for 250 Birge Street

Floodplain Restoration

E. Propane Bid Award

F. ARPA Pretreatment Grant

G. Accept Better Roads Grant

H. Biosolids Study

I. Police Cruiser Upfit Bid Award

J. Heart Rose Club Third Class Liquor License

8. UNFINISHED BUSINESS (6:40 PM)

A. Utility Rate Ordinance Change – Second Reading

9. NEW BUSINESS (6:45 PM)

A. Approve Property Tax Rate (6:45 PM)

B. Selectboard Retreat Report and Goals (6:50 PM)

C. Finding a Path Forward for the Community Safety Review (7:20 PM)

D. Housing Plan Update (7:50 PM)

E. First Public Hearing on Land Use Amendments (8:30 PM)

F. Committee Appointments (8:45 PM)

10. CORRESPONDENCE/FYI

A. Warrants

11. MEETINGS

See Town Calendar

12. EXECUTIVE SESSION (8:55 PM)

13. ADJOURNMENT

MEMORANDUM

To: Selectboard

From: John Potter, Town Manager

Re: Administrative Report

Date: July 7, 2023

———————————————————————————————————————————–

The following will summarize the proposed motions for the s Selectboard meeting on Tuesday,

July 11, 2023. The Board will convene the regular meeting at 6:15pm in the Selectboard Meeting

Room and on Zoom. All times listed below are approximate, and interested parties should monitor

the meeting if they do not want to miss an agenda item.

Join the meeting from a computer, tablet, or smartphone, using this link:

https://us02web.zoom.us/j/86067892659

The “Meeting ID” for this meeting is:

860 6789 2659

Passcode: 12261753

You also can call in using your telephone

by dialing any of these toll-free numbers in the United States:

833-548-0282

877-853-5247

888-788-0099

833-548-0276

(use *6 to Mute/Unmute, *9 to raise Hand)

The meeting also will be carried live on BCTV:

On Cable TV: Channel 1079

Streaming Online: https://www.brattleborotv.org/channel-1079-livestream

Facebook Live: https://www.facebook.com/brattleborotv

7. CONSENT AGENDA (6:35 PM)

A. Capital Paving Bid Award

B. Municipal Roads General Permit (MRGP) Ditching Bid Award

C. Energy Efficiency Block Grant

D. Memorandum of Understanding with Vermont River Conservancy for 250 Birge

Street Floodplain Restoration

E. Propane Bid Award

F. ARPA Pretreatment Grant

G. Accept Better Roads Grant

H. Biosolids Study

I. Police Cruiser Upfit Bid Award

J. Heart Rose Club Third Class Liquor License

In a memorandum dated June 30, 2023, DPW Director Dan Tyler discusses the Capital Paving Bid process. The work includes the cold planing and paving of Flat Street, Frost Street, Elm Street, and Lynde Place. The work will begin after August 21, 2023. This project will be funded by the Capital Road Improvement Budget. By approving the Consent Agenda today, the Board will approve the award of the 2023 Capital Paving Project to Eurovia Atlantic Coast LLC, dba Northeast Paving, of Northfield, MA, for a total of $189,915.

In a memorandum dated June 30, 202,3 DPW Director Dan Tyler discusses the Bonnyvale Road MRGP Improvement Project which includes ditching, stone lining, shoulder berm removal and culvert repairs and installation on a 0.85-mile section of Bonnyvale Road. The previously accepted FY23 Grant-in-aid Grant from VTrans will fund $51,000 of the project. The remaining balance will be funded by the FY24 Operating Budget. By approving the Consent Agenda, the Board will award the Bonnyvale Road MRGP Improvement Project to AS Clark & Sons for $87,200.

In a memorandum dated June 23, 2023, Sustainability Coordinator Stephen Dotson discusses the Energy Efficiency Block Grant Program, designed to assist States, local governments and Tribes in implementing strategies to reduce energy use, reduce fossil fuel emissions, and to improve energy efficiency. These funds are expected to be applied to an ongoing transition to 100% LED lighting in Town buildings. If this transition does not expend all of these funds, they may be utilized for other similar efficiency work, yet to be determined. By approving the Consent Agenda, the Selectboard will be approving the submission of a pre-award information sheet to claim $75,460 in voucher equivalents from the Energy Efficiency Community Block Grant, administered by the Department of Energy.

In a memorandum dated June 26, 2023, Zoning Administrator Brian Bannon discusses the 250 Birge Street Floodplain Restoration Project and requests that the Board approve the Memorandum of Understanding between the Town and the Vermont River Conservancy governing the management and funding of the 250 Birge Street Floodplain Restoration Project and to authorize the Town Manager to execute the agreement.

In a memorandum dated June 21, 2023, Fire Chief Leonard Howard III requests that the Selectboard award the FY24 Propane Bid to the Dead River Company for $1.31 per gallon.

In a memorandum dated June 30, 2023, DPW Director Dan Tyler discusses the APRA Pretreatment Grant through the VTDEC Wastewater Program. Commonwealth Dairy plans to apply for these funds which range from a maximum award of $1,000,000 Terms of the RFP require that municipalities serve as applicants for both municipal and private businesses. The VTDEC will sign grant agreements with municipalities, which will serve as the pass-through for projects partnering with private businesses. Staff has indicated to Commonwealth that a potential sub-agreement would include language that requires them to facilitate the administrative requirements of the grant to minimize the responsibility of Town staff and resources. Staff supports the submission of the grant application on Commonwealth Dairy’s behalf. By approving the Consent Agenda, the Board will agree to accept and appropriate a First Round Pretreatment Grant in the amount of $250,000 from the Vermont Department of Environmental Conservation for the Commonwealth Dairy Pretreatment project, and to authorize the Town Manager to execute the Grant Agreement with the State of Vermont, and all other associated documents necessary for the performance of the grant funded activities.

In a memorandum dated June 30, 2023, DPW Director Dan Tyler requests that the Board accept and appropriate the FY24 Better Roads Grant of $20,000. We have been awarded $20,000 for installation of stone-lined ditches and berm removal. This grant will require a $5,000 match. DPW plans to perform the upgrades and the match will be made by in-kind work.

In a memorandum dated July 3, 2023, DPW Director Dan Tyler discusses the process and increasing costs of biosolid sludge disposal for the Town’s Wastewater Treatment Facility.DPW would like to evaluate modifications or upgrades to the plant’s biosolids management to improve operability and reduce costs. The Board is asked to authorize DPW to engage with Aldrich & Elliot Water Resource Engineers to perform a Biosolids Study at theWastewater Treatment Plant for a total of $15,000.

In a memorandum dated July 3, 2023, Police Chief Norma Hardy recommends that the bid for FY24 Police Cruiser Upfits be awarded to Adamson Industries for a total of $52,071.This upfit estimate does not include the purchase of the Motorola radios or the income from the outgoing cruisers being sold. By approving the Consent Agenda, the Board will award the FY24 Police Cruiser Upfit bid to Adamson Industries for a total of $52,071.

In a memorandum dated July 11, 2023, Town Clerk Hilary Francis discusses the Third Class Liquor License application for the Heart Rose Club, located at 11 Green Street, on the main floor only. They were granted a First Class Liquor License and an Annual Entertainment Permit at the June 6, 2023 Selectboard meeting. Town staff has reviewed this application and recommends its approval. Ms. Cheney will be present at the meeting to answer any questions, should this be pulled from the Consent Agenda. By approving the Consent Agenda, the Board will be approving a Third-Class Liquor License for the Heart Rose Club, located at 11 Green Street, main floor only.

POTENTIAL MOTION: TO ACCEPT THE CONSENT AGENDA, AS PRESENTED.

8. UNFINISHED BUSINESS (6:40 PM)

A. Utility Rate Ordinance Change – Second Reading

The Board is asked to conduct a second reading and possibly adopt the proposed ordinance changes to the Brattleboro Code of Ordinances, Chapter 18 – Water & Sewer, Article III, Water, Division 2 – Rates.

POTENTIAL MOTION: TO ADOPT THE PROPOSED CHANGES TO THE

BRATTLEBORO CODE OF ORDINANCES, CHAPTER 18 – WATER & SEWER,

ARTICLE III, WATER, DIVISION 2 – RATES, AS PRESENTED.

9. NEW BUSINESS (6:45 PM)

A. Approve Property Tax Rate (6:45 PM)

In a memorandum dated June 30, 2023, Finance Director Kimberly Frost discusses the property tax rates for FY24.

POTENTIAL MOTION: TO APPROVE THE MUNICIPAL TAX RATE OF $1.3918 PER

$100 OF ASSESSED VALUATION WHICH INCLUDES 1.3906 FOR GENERAL FUND

OPERATIONS AND 0.0012 FOR THE LOCAL AGREEMENT, AN ADDITIONAL $0.1298

PER $100 OF ASSESSED VALUATION FOR THE DOWNTOWN IMPROVEMENT

DISTRICT, AN ADDITIONAL $4.0573 PER $100 OF ASSESSED VALUATION FOR THE

MOUNTAIN HOME SPECIAL ASSESSMENT; AND TO RATIFY THE STATE-

MANDATED EDUCATION RATES OF $1.7521 PER $100 OF ASSESSED VALUATION

FOR HOMESTEAD PROPERTIES AND $1.6053 PER $100 OF ASSESSED VALUATION

FOR NON-RESIDENTIAL PROPERTIES.

B. Selectboard Retreat Report and Goals (6:50 PM)

In a memorandum dated July 7, 2023, Town Manager John Potter discusses the Selectboard Goals adoption process, citing that the Board wished to delay the adoption of its Goals until after the Selectboard retreat, held on June 3, 2023. At the Selectboard Retreat, the Board discussed their highest priorities for FY24 and moving into FY25. The Selectboard identified five TOP goals. Also included in the backup materials for this item is a summary of the Selectboard Retreat from Planning Director Sue Fillion.

POTENTIAL MOTION: TO ADOPT THE FOLLOWING 2023-24 SELECTBOARD GOALS;

MAKING THE TRANSPORTATION CENTER A GOOD PLACE FOR PARKING;

DEVELOPING AN EXPANSIVE VISION FOR THE TOWN POOL; FINDING A PATH

FORWARD FOR COMMUNITY SAFETY; DEVELOPING THE CONCEPT FOR SAFETY

ZONES; AND ADVANCING HOUSING INITIATIVES.

C. Finding a Path Forward for the Community Safety Review (7:20 PM)

In a memorandum dated July 7, 2023, Town Manager John Potter outlines four potential paths forward regarding the Community Safety Review and recommends the implementation of Alternative D, which would acknowledge that the work of the Community Safety Review, done in 2020, needs to be updated to incorporate current needs and priorities as determined through broad participation from across the community, including Town government and other stakeholders.

POTENTIAL MOTION: TO DIRECT STAFF TO PURSUE ALTERNATIVE (D) UPDATE

COMMUNITY SAFETY AS THE PREFERRED ALTERATIVE FOR A PATH FORWARD

ON THE COMMUNITY SAFETY REVIEW.

D. Housing Plan Update (7:50 PM)

In a memorandum dated June 29, 2023, Planning Director Sue Fillion provides a progress report on the Housing Action Plan, including a list of goals and potential strategies for reaching those goals. The Housing Action Plan is available at the Town’s website, Brattleboro.org.

POTENTIAL MOTION: NO MOTION IS REQUIRED FOR THIS ITEM.

E. First Public Hearing on Land Use Amendments (8:30 PM)

In a memorandum dated June 22, 2023, Planning Director Sue Fillion discusses the background information, Bylaw Adoption Process, and an overview of the proposed amendments to the Town Land Use Regulations. The Board is asked to conduct a first reading of the Land Use and Development Regulations. A link to the Land Use Regulations can be found in the backup materials.

POTENTIAL MOTION: NO MOTION IS REQUIRED AT THIS TIME.

F. Committee Appointments (8:45 PM)

Prior to the 07/11/23 Selectboard meeting, the Board conducted Committee Interviews with applicants to the Development Review Board and the Tree Advisory Board. The Board is asked to make appointments to the Development Review Board, the Tree Advisory Board and to the uncontested seats for the Arts Committee and Senior Solutions.

POTENTIAL MOTION: TBA

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