For the final regular Brattleboro Selectboard meeting of 2013, the board plans to continue their discussion of a PACE Energy District in town, and the legal and accounting hurdles that remain.
The board will also hear about the cost of Elm Street Bridge repairs, discuss penalties for late Homestead Declarations, consider grants for zoning rewrites and brownfield remediation, and evaluate a request for a Planned Unit Development for Red Clover Commons.
You can attend in person or watch on BCTV. You may also bring up other items for discussion during Public participation.
(The warning was sent out on time, btw. I’m just slow this week getting to it.)
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The Brattleboro Selectboard will meet on Tuesday, December 17, 2013 in the Selectboard meeting room at the Municipal Center. It is anticipated that the Board will enter into executive session at 5:45pm to discuss a personnel matter, and reconvene the regular business meeting at 6:15pm.
ASL interpreters will be available for the Deaf and hard-of-hearing community members.
Jan Anderson
Executive Secretary
Brattleboro Town Manager’s Office
(802) 251-8100
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BRATTLEBORO SELECTBOARD
TUESDAY, DECEMBER 17, 2013
EXECUTIVE SESSION – 5:45PM
REGULAR MEETING – 6:15PM
AGENDA
1. CONVENE REGULAR MEETING
2. APPROVE MINUTES – December 3, December 5, and December 12
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 and Entertainment License – Quad Design Inc., d/b/a Vibe
B. Educational Sampling Event Permit – Windham Wines
8. WATER AND SEWER COMMISSIONERS – None
9. UNFINISHED BUSINESS
A. Property Assessed Clean Energy (PACE) Program – Discussion
10. NEW BUSINESS
A. Financial Report – Monthly Report
B. Elm Street Repairs – Department of Public Works
C. Homestead Declaration – Penalty Policy
D. PUD Application – Red Clover Commons Concept Plan Comments and Recommendations, Planning Services
E. Accept and Appropriate Grant – Municipal Planning Grant, Planning Services
F. Grant Application –Brownfield Assessment Grant, Planning Services
G. Schedule Special Meeting – To Approve Town Meeting Warnings (1/24/14 – 1/31/14)
11. CORRESPONDENCE/FYI
A. Warrants
B. Department Monthly Reports
12. MEETINGS
See enclosed Town Calendar
13. ADJOURNMENT
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TO: Selectboard December 17, 2013
FROM: Patrick Moreland, Interim Town Manager
SUBJECT: Administrative Report
The following will summarize the proposed motions for those items on the Agenda for the Tuesday, December 17, 2013 Selectboard Meeting. It is anticipated that the Board will meet in executive session beginning at 5:45pm to discuss a personnel matter, and the regular meeting will begin at 6:15pm.
7. LIQUOR COMMISSIONERS
A. First Class Liquor License and Entertainment License – Quad Design Inc d/b/a Vibe. The Board is asked to approve a first class liquor license and entertainment license for Hicham El Alaoui for Quad Design Inc., d/b/a Vibe, a new bar located at 19 Elliot Street. Mr. El Alaoui has not previously held a liquor license in Vermont or any other state. There are no outstanding fees or taxes, and Mr. El Alaoui has received a business license. The application has been reviewed and approved by the Police. Mr. El Alaoui is currently working with Assistant Chief Lynch and VT Fire Marshal Johnson to obtain a Certificate of Occupancy. All other entertainment licenses in the downtown (Inferno, Rocky Top, Metropolis, etc.) have had their entertainment licenses conditioned on entertainment ceasing at 1am.
POTENTIAL MOTION: TO APPROVE A FIRST CLASS LIQUOR LICENSE TO HICHAM EL ALAOUI FOR QUAD DESIGN INC., D/B/A VIBE, LOCATED AT 19 ELLIOT STREET AND TO APPROVE AN ENTERTAINMENT LICENSE ON THE CONDITIONS NOTED DURING THE BOARD DISCUSSION.
B. Educational Sampling Event Permit – Windham Wines. The Board is asked to approve an Education Sampling Event Permit for Windham Wines for an event to be held at their place of business at 972 Putney Road, on Saturday, January 11, between 3:00pm and 8:00pm. Windham Wines is current on all licenses and taxes.
POTENTIAL MOTION: TO APPROVE AN EDUCATION SAMPLING EVENT PERMIT FOR THE WINDHAM WINES FOR AN EVENT TO BE HELD AT 972 PUTNEY ROAD ON SATURDAY, JANUARY 11, BETWEEN 3:00PM AND 8:00PM.
8. WATER AND SEWER COMMISSIONERS – None.
9. UNFINISHED BUSINESS
A. Property Assessed Clean Energy (PACE) Program – Discussion. On March 23, 2013 Representative Town Meeting voted to designate the Town of Brattleboro as a Property Assessed Clean Energy (PACE) Special Assessment District. The program is intended to enable participating property owners within the district to access funding for eligible energy efficiency and renewable energy projects and then pay back the cost as a regular municipal assessment on the owners’ property tax bill, as provided for by 24 VSA Chapter 87, Section 3261. The intended design of the program would have little to no impact on municipal operations because it will be run by VEIC (Efficiency Vermont) on behalf of participating towns. To enjoy the benefits of VEIC’s management of the program; towns are expected to adopt the program guidelines provided by VEIC. At the present time, there are significant legal and accounting concerns that arise from the proposed language. Staff and legal counsel continue to confer with other participating communities, VEIC, our auditors, and Vermont’s bond counsel in an effort to resolve these concerns. Town Attorney Robert Fisher and Finance Director John O’Connor will be present to advise the Board.
POTENTIAL MOTION: TBD
10. NEW BUSINESS
A. Financial Report – Monthly Report. Finance Director John O’ Connor will review the monthly financial statements for November.
POTENTIAL MOTION: NONE
B. Elm Street Repairs – Department of Public Works. During a particularly severe series of thunderstorms on September 11, 2013, downtown Brattleboro endured rain at a rate of 5” within 1.5 hours. As a result of this storm, several locations experienced severe damage to both private and public property. While public infrastructure was damaged in at least three locations, by far the worst area of damage was at the bridge on Elm Street. Repairs needed to be made quickly as Elm Street serves a critical role in relieving congestion on Main Street. Unlike TS Irene, damages from this event were not associated with a federal declaration, and as a result, the cost of the repairs will be borne by Brattleboro taxpayers. These expenditures were not budgeted, therefore, we must seek authorization to use unassigned fund balance up to the sum of $92,371.09.
POTENTIAL MOTION: TO ADD THE FOLLOWING ARTICLE TO THE 2014 REPRESENTATIVE TOWN MEETING WARNING, “TO SEE IF THE TOWN WILL VOTE TO APPROPRIATE UP TO $92,371.09 FROM THE UNASSIGNED FUND BALANCE TO DEFRAY THE COSTS ASSOCIATED WITH REPAIRS DUE TO THE SEVERE THUNDERSTORS OF 9-11-13”.
C. Homestead Declaration Penalty Policy. In December, 2011, the Town adopted the Penalty for late Filed Homestead Declaration. It has recently come to my attention that there are material variations between the policy and the statute from which it is, in part, derived. Among these differences, our policy affords taxpayers no means of appeal, and the abatement criteria are different than those proscribed in statute. Making matters worse, the state has twice reversed its position on the need to file a Homestead Declaration. In 2013, for the first time in several years, the state required that everyone file a Homestead Declaration, and many more than since the adoption of our policy were determined by the state to have filed late. A total of $48,000 in penalties were assessed to Brattleboro taxpayers, mostly all either prepared their own returns or used a software program. Many if not all, were simply unaware that the state had reversed its position on the need to file annually. I am seeking to confirm that the Board would like to continue with the issuance of penalties, as it is at the pleasure of the Board.
POTENTIAL MOTION: TBD
D. PUD Application – Red Clover Commons Concept Plan Comments and Recommendations, Planning Services. The Board is asked to consider the conceptual site plan for Red Clover Commons from the Brattleboro Housing Authority. Specifically, the Board is asked to confirm that the plan conforms to the approved Brattleboro Town Plan.
POTENTIAL MOTION: AFTER CONSIDERING THE CONCEPT PLAN FOR THE PROPOSED RED CLOVER COMMONS PUD AT 464 CANAL STREET, THE SELECTBOARD AGREES THAT THE PLAN CONFORMS WITH THE APPROVED BRATTLEBORO TOWN PLAN WITH THE COMMENTS AND CONDITIONS NOTED DURING THE BOARD DISCUSSION.
E. Accept and Appropriate Grant – Municipal Planning Grant, Planning Services. The Board is asked to accept an appropriate a grant in the amount of $20,000 from the Vermont Department of Housing and Community Development for technical assistance in rewriting the zoning ordinance. This is not the full sum required to complete the rewrite, $30,000 was budgeted within the General Fund this year, and together these funds will not likely complete this multi year project.
POTENTIAL MOTION: TO ACCEPT AN APPROPRIATE A GRANT IN THE AMOUNT OF $20,000 FROM THE VERMONT DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT MUNICIPAL PLANNING GRANT PROGRAM TO ASSIST WITH THE ZONING ORDINANCE REWRITE.
F. Grant Application – Brownsfield Assessment Grant, Environmental Protection Agency, Planning Services. The Selectboard is asked to approve a grant application to the Environmental Protection Agency by the Planning Services Department. A total of $400,000 is being requested to fund a local Brownsfield program to facilitate the process of environmental review at redevelopment sites in Brattleboro. The funds would specifically be used to conduct Phase 1 & Phase 2 Environmental reviews, to develop remediation plans, to conduct neighborhood level environmental planning, and to cover the staff and administrative costs that go along with the local program. If granted, these funds would add to the existing regional funds administered by the Windham Regional Commission Brownsfield program. Having a local program would help to prioritize successful redevelopment of brownsfield sites within Brattleboro, an effort wholly consistent with the Brattleboro Town Plan.
POTENTIAL MOTION: TO APPROVE THE PLANNING DEPARTMENT APPLICATION FOR A $400,000 BROWNSFIELD ASSESSMENT GRANT FROM THE EPA TO INVENTORY, CHARACTERIZE, ASSESS AND CONDUCT PLANNING AND COMMUNITY INVOLVEMENT RELATED TO BROWNSFIELDS IN BRATTLEBORO.
G. Schedule Special Meeting – To Approve Town Meeting Warnings (1/24/14– 1/31/14)
POTENTIAL ACTION: TBD
