At the first meeting of the new Brattleboro Selectboard, the board will again take up the issue of a new state law allowing beer and wine at gallery events. They’ll also discuss a proposal to purchase solar energy from ISA Solar and Green Lantern Capital from a site to be determined.
They will also hear from new owners of Elliot Street Fish, Chips and More, appoint members to the Police Fire Facility Project oversight committee, consider skating rink repairs, set board goals, and review their rules of conduct. All this and more, and you can watch on TV or attend in person.
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The Brattleboro Selectboard will meet on Tuesday, April 2, 2013 in the Selectboard meeting room at the Municipal Center. The Board will conduct committee interviews starting at 5:00pm, and will reconvene for the regular business meeting at 6:15pm.
Jan Anderson
Executive Secretary
Brattleboro Town Manager’s Office
(802) 251-8100
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BRATTLEBORO SELECTBOARD
TUESDAY, APRIL 2, 2013
COMMITTEE INTERVIEWS – 5:00PM
REGULAR MEETING – 6:15PM
AGENDA
1. CONVENE REGULAR MEETING
2. APPROVE MINUTES
3. CHAIR’S REMARKS
4. MANAGER’S COMMENTS
5. SELECTBOARD COMMENTS AND COMMITTEE REPORTS
A. Rules of Conduct – Review and adopt
B. Board Assignments – Selectboard Committees
C. Goal Setting
6. PUBLIC PARTICIPATION
7. LIQUOR COMMISSIONERS
A. Art Gallery or Bookstore Permit for Malt or Vinous Servings – Discussion (from 2/5/13 mtg)
B. Second Class Liquor and Tobacco License Renewal – 7-Eleven
C. First Class Liquor and Entertainment Licenses – Barnaby’s Productions, Inc.
D. First Class Liquor License – Elliot Street Fish, Chips and More
8. WATER AND SEWER COMMISSIONERS
A. WWTP – Update
9. UNFINISHED BUSINESS
10. NEW BUSINESS
A. Police-Fire Committee –Appointments
B. Nelson Withington Skating Rink – Repair options
C. Intercreditor Agreement – Shire Town Properties
D. Award Bid – Prospect Hill and Morningside Cemetery Seasonal Maintenance
E. Award Contract – Net Metering Contract
F. Award Bid – Strand Avenue Reconstruction
G. Ratify Contract – DuFrense Group
H. Name Private Drive – Senator Gannett Drive
I. Schedule Special Meeting – Goals
11. CORRESPONDENCE/FYI
A. Warrants
12. MEETINGS
See enclosed Town Calendar
Schedule Goal Setting meeting
13. ADJOURNMENT
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TO: Selectboard March 29, 2013
FROM: Barbara Sondag, Town Manager
SUBJECT: Administrative Report
The following will summarize the proposed motions for those items on the Agenda for the Tuesday, April 2, 2013 Selectboard Meeting. The meeting will be convened at 5:00pm and the Board will interview candidates for the Police-Fire Facility Committee. The regular meeting will begin at 6:15pm.
5. SELECTBOARD COMMENTS AND COMMITTEE REPORTS
A. Rules of Conduct – Review and adopt The Board is in receipt of the operating rules approved in May of 2012. It is anticipated that the Board will discuss the Rules, propose changes or edits and then adopt its operating rules.
POTENTIAL MOTION: TO ADOPT THE RULES OF CONDUCT AS PRESENTED (OR AS EDITED).
B. Board Assignments – Selectboard Committees It is anticipated that the Board will assign committee roles to its members. The following Committees have Board representation: Traffic Safety, Rental Housing Improvement Program, Small Business Improvement Program, Windham Regional Commission,
POTENTIAL MOTION: Committee assignments may occur by consensus and do not require a motion.
C. Goal Setting – It is anticipated that the Board will discuss the concept of goal setting as well as how a goal setting process may proceed.
POTENTIAL MOTION: NONE
7. LIQUOR COMMISSIONERS
A. Art Gallery or Bookstore Permit for Malt or Vinous Servings – Discussion (from 2/5/13 mtg) At the February 5 Selectboard meeting the Board took up the matter of a newly established liquor permit, Art Gallery or Bookstore Permit for Malt or Vinous Servings. For $15 per event a gallery or bookstore can purchase a permit to serve beer or wine for free or at a cost. The creating legislation does not define gallery or bookstore. When Town Clerk Annette Cappy sought guidance from the Department of Liquor Control, little to no guidance was provided. Staff brought the matter before the Selectboard prior to having a request in hand, so that the Board could decide how it would like to proceed with implementing the permit. The Board decided to place a moratorium on permits until April 2, when the new Board could take up the matter. Included in the Board packet is the administrative report and minutes from the February 5 meeting. Also included is a copy of the creating legislation.
There are several actions the Board can take. The Board can take permits as they come. The Board could decide to limit the number of permits. The Board can decide to not approve any permits until the State defines gallery and bookstore. The Board could define gallery and bookstore and accept permits under that definition.
POTENTIAL MOTION: TBD
B. Second Class Liquor and Tobacco License Renewal – 7-Eleven The Board is asked to renew a second class liquor license and tobacco license for 7-Eleven 32510A at 1020 Western Avenue. This is the last license renewal for 2013. The establishment is in good standing with all fees, taxes and loans. The establishment has had no interactions with the Brattleboro Police.
POTENTIAL MOTION: TO APPROVE THE SECOND CLASS LIQUOR LICENSE AND TOBACCO LICENSE FOR 7-ELEVEN 32510A AT 1020 WESTERN AVENUE.
C. First Class Liquor and Entertainment Licenses – Barnaby’s Productions, Inc. The Board is asked to approve a first class liquor and entertainment license for Barnaby’s Productions, Inc. at 95 Main Street. Barnaby’s Productions is purchasing the establishment from its current owner Ticino Enterprises, Inc. The owner, Joshua Hearne will be at the Board meeting to answer any questions.
POTENTIAL MOTION: TO APPROVE A FIRST CLASS LIQUOR AND TOBACCO LICENSE FOR BARNABY’S PRODUCTIONS, INC AT 95 MAIN STREET.
D. First Class Liquor License – Elliot Street Fish, Chips and More The Board is asked to approve a first class liquor license for Elliot Street Fish, Chips and More at 48 Elliot Street. David and Lauren Manning recently purchased the business from Alan and Samuel Scott-Moncrieff. The owners will be present at the Board meeting.
POTENTIAL MOTION: TO APPROVE A FIRST CLASS LIQUOR LICENSE FOR ELLIOT STREET FISH, CHIPS, AND MORE AT 48 ELLIOT STREET.
8. WATER AND SEWER COMMISSIONERS
A. WWTP – Monthly Report from Hoyle Tanner The Board is in receipt of the monthly report from Hoyle Tanner on progress of the Wastewater Treatment Plant. The memo contains two change order requests. The first is from a change at the Wastewater facility and represents a decrease of $5,294. In addition to that change, Director Steve Barrett approved an additional decrease of $4,091 under his authority to authorize items less than $5,000. These two changes represent total credit of $9,385.
The second change comes from the Spring Tree Pump Station Project. The Board is asked to authorize an increase to the SCADA Allowance of $8,500 and 14 additional days. In addition Director Steve Barrett has authorized changes totaling a credit of $5,800. In total these changes represent a total increase in costs of $2,700 and 14 additional contract days.
POTENTIAL MOTION: TO APPROVE THE PROJECT CHANGE TO THE WASTEWATER TREATMENT FACILITY UPGRADE PROJECT IN THE AMOUNT OF A CREDIT OF $5,294 AND TO AUTHORIZE THE TOWN MANAGER TO SIGN ANY SUBSEQUENT CHANGE ORDERS.
TO APPROVE THE PROJECT CHANGE TO THE SPRING TREE PUMP STATION PROJECT IN THE AMOUNT OF $8,500 AND 14 ADDITIONAL CONTRACT DAYS AND TO AUTHORIZE THE TOWN MANAGER TO SIGN ANY SUBSEQUENT CHANGE ORDERS.
10. NEW BUSINESS
A. Police-Fire Facility Committee – Appointment Seventeen people have submitted applications to serve on the Police-Fire Facility Committee. It is anticipated that the Board will interview candidates prior to the regular meeting. The Board is encouraged to review the method of appointment found in the Rules of Conduct.
POTENTIAL MOTION: TO APPOINT CANDIDATES
B. Nelson Withington Skating Rink – Repair options At the Representative Town Meeting on Saturday, March 23 the Meeting approved using $362,000 of unassigned fund balance to fund compressor improvements at the Nelson Withington Skating Rink. This motion included two contingency. The first is that the Skating Rink Fund pay back the loan over a twenty year period and the second that the Selectboard approve the replacement option presented by Recreation and Parks Director Carol Lolatte.
In the Board packet you will find a summary sheet of the four options reviewed by the Director, the reason for her recommendation and additional information on the analysis. The information before the Board pertains only to the type of compressor system that the Town would use to replace the existing system. Once the decision on the type of system is made, the Town will prepare a Request for Proposal seeking proposals from companies to perform the actual installation.
POTENTIAL MOTION: TBD
C. Intercreditor Agreement – Shire Town Properties The Board is asked to approve an intercreditor agreement between the Town of Brattleboro, Shire Town Properties, and Merchants Bank. Shire Town Properties has a Small Business Assistance Program loan with the Town with a current balance of $15,368. Currently Shire Town has three commercial mortgages and the Town of Brattleboro is in fourth position. If this agreement is approved there will be one commercial mortgage and the Town would be in second position. Further detail on the loan amounts can be found in the supplemental information.
POTENTIAL MOTION: TO APPROVE AN INTERCREDITOR AGREEMENT THAT ACCEPTS SECOND POSITION LIEN ON 71 GSP DRIVE FOR AN SBAP LOAN TO SHIRE TOWN PROPERTIES.
D. Award Bid – Prospect Hill and Morningside Cemetery Seasonal Maintenance The Town received one bid in response to request for proposals to perform seasonal maintenance on Prospect Hill Cemetery and Morningside Cemetery. The bid from Turner & Renaud of Dummerston for $17,800 is being recommended for acceptance by Recreation and Parks Director Carol Lolatte. There is no increase in cost between this bid and last year’s contract.
POTENTIAL MOTION: TO ENTER INTO A CONTRACT WITH TURNER & RENAUD OF DUMMERSTON FOR SEASONAL MAINTENANCE OF PROSPECT HILL CEMETERY AND MORNINGSIDE CEMETERY FOR $17,800.
E. Award Contract – Net Metering Contract At the December 4 meeting the Board approved seeking proposals for a net metering agreement. The Request for Proposals sought firms that would build a photovoltaic system and then sell the electric to the Town at a discount. The Town received four proposals. After review of the proposals, the Town Energy Committee and I are recommending that the Board approve entering into a contract with Integrated Solar of Brattleboro and Green Lantern Capital of Waterbury. While the proposal does not identify a site for the photovoltaic system, Integrated Solar has proposed a discount of 12.9% for the first ten years of the agreement and a 15% discount for the final ten years of the agreement. This discount represents $16,000 and $18,600 in electric bill savings. This proposal represents significant electric cost savings to the Town at minimum (if any) risk. The complete RFP and proposals are available for review in the Town Manager’s Office.
POTENTIAL MOTION: TO APPROVE ENTEIRNG INTO A NET METERING CONTRACT WITH INTEGRATED SOLAR OF BRATTLEBORO VERMONT.
F. Award Bid – Strand Avenue Reconstruction The Town received five bids in response to a Request for Proposal for reconstruction of the Strand Avenue retaining wall. This project is funded with $180,000 from the General Fund and $175,000 from a State grant for a total of $355,000. Public Works Director Steve Barrett and SVE Engineering (who performed the engineering for this project) recommend the low bid, BUR Construction from Claremont, NH. Bids ranged from $314,667 to $528,756.
POTENTIAL MOTION: TO ENTER INTO A CONTRACT WITH BUR CONSTRUCTION FROM CLAREMONT NH IN THE AMOUNT OF $314,667.63 FOR THE RECONSTRUCTION OF STRAND AVENUE RETAINING WALL.
G. Ratify Contract – DuFrense Group At is November 6, 2012 meeting the Board authorized the Town Manager to enter into contract negotiations with DuFrense Group for engineering services on the Main Street sidewalk project. Typically I am authorized to negotiate and enter into contract agreements; however on the November meeting I only authorized to negotiate the contract. Unfortunately I entered into the agreement. I only discovered my mistake when I was recently reviewing past meeting minutes. I am now asking the Board to ratify the contract agreement with DuFrense Group. Terms of the agreement can be found in the Board’s packet.
POTENTIAL MOTION: TO RATIFY THE CONTRACT AGREEMENT BETWEEN THE TOWN OF BRATTLEBORO AND DUFRENSE GROUP FOR ENGINEERING SERVICES ON THE MAIN STREET SIDEWALK PROJECT FOR $50,100.
H. Name Private Drive – Senator Gannett Drive The Board is asked to approve the name of a private drive off of Upper Dummerston Road. The road is owned by the Brattleboro Country Club and the Club is asking to name the road Senator Gannett Drive.
POTENTIAL MOTION: TO APPROVE THE NAME OF SENATOR GANNETT DRIVE FOR THE PRIVATE DRIVE OFF OF UPPER DUMMERSTON ROAD OWNED BY BRATTLEBORO COUNTRY CLUB.
I. Schedule Meeting – Special Meeting for Goal Setting It is anticipated that the Board will schedule a special meeting for the purpose of goal setting.
