Brattleboro Selectboard Agenda and Notes – April 3, 2018

The Brattleboro Selectboard will get an overview of the revised Town Plan at their first regular meeting with newly-elected members. Public hearings to discuss the plan will be scheduled, too.

Permits for Strolling of the Heifers will be considered, the renewal of the designated downtown district, floodplains, cemeteries, and grants related to housing and the skatepark will be discussed as well. You can bring up other items not on the agenda during public participation.

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The Brattleboro Selectboard will meet on Tuesday, April 3, 2018 in the Selectboard Meeting Room at the Municipal Center.  It is anticipated that the Board will meet in executive session at 5:30pm to discuss contracts and pending or probable civil litigation.  The Board will reconvene at 6:15pm for the regular business meeting.  ASL interpreters will be available for 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 

TUESDAY, APRIL 3, 2018 

SELECTBOARD MEETING ROOM, MUNICIPAL CENTER 

EXECUTIVE SESSION – 5:30PM 

REGULAR MEETING – 6:15PM 

AGENDA 

1. CONVENE REGULAR MEETING 

2. APPROVE MINUTES – March 20 and March 26 

3. CHAIR’S REMARKS 

4. MANAGER’S COMMENTS 

5. SELECTBOARD COMMENTS AND COMMITTEE REPORTS 

6. PUBLIC PARTICIPATION 

7. LIQUOR COMMISSIONERS 

A. Liquor License Annual Renewal – Hotel Pharmacy 

B. Strolling of the Heifers Friday Evening Street Festival – Special Event Permits for June 1 (i) 14th Star Brewing Co. (ii) Pizzapalooza, LLC, d/b/a Beer Naked Brewery (iii) Artesano, LLC (iv) Caledonia Spirits, Inc. (v) Vermont Distillers, Inc. (vi) Albatross, LLC, Spirits of Old Bennington (vii) Fresh Tracks Farm, LLC, d/b/a Fresh Tracks Farm Vineyard & Winery (viii) White Mountain Distillery, LLC, d/b/a Stowe Cider (ix) Cold Spring Spirits, d/b/a Mad River Distillers 

8. WATER AND SEWER COMMISSIONERS – None 

9. UNFINISHED BUSINESS – None 

10. NEW BUSINESS 

A. Strolling of the Heifers Weekend (i) Street/Sidewalk Blocking Permit for Friday Evening Street Festival, June 1 (ii) Parade/Open Air Permit for Saturday Parade and Expo, June 2 (iii) Parade/Open Air Permit for Sunday Tour de Heifer, June 3 

B. Downtown Improvement District Application for Designation Renewal – Planning Department 

C. Schedule Two Public Hearings for Review and Potential Adoption of the 2018 Town Plan – May 1 and May 15 are the Proposed Hearing Dates – Planning Department 

D. Conditional Letter of Map Revision (CLOMR) for Whetstone Brook Melrose Terrace Floodplain Restoration Project – Planning Department 

E. Cemetery Seasonal Maintenance – Award Bid, Recreation & Parks Department 

F. Walmart Foundation Community Grant – Approve Application for Skatepark, Recreation & Parks Department

G. Westgate – Assignment of Debt from Housing Vermont to Windham & Windsor Housing Trust 

H. Five County Scattered Site CDBG Grant (i) Adopt Grant Agreement Resolution (ii) Accept and Appropriate VCDP Grant (iii) Authorize Town Manager to Execute Grant Agreement and Take All Other Actions Necessary to Implement This Grant 

I. Vermont Community Development Program Policy Updates (i) Town’s Revolving Loan Fund – Plan for Use of Program Income & Unrestricted Revenue (ii) Agency of Commerce & Community Development – Municipal Policies & Codes 

11. CORRESPONDENCE/FYI 

A. Warrants

12. MEETINGS 

See enclosed Town Calendar

13. ADJOURNMENT

MEMORANDUM

To: Selectboard

From: Peter B. Elwell, Town Manager

Re: Administrative Report

Date: March 30, 2018

 

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The following will summarize the proposed motions for the Selectboard meeting on Tuesday, April 3, 2018. The Board will meet in executive session at 5:30pm to discuss contracts and pending or probable civil litigation. The Board will reconvene the business meeting at 6:15pm in the Selectboard Meeting Room.

7. LIQUOR COMMISSIONERS 

A. Liquor License Renewal – Hotel Pharmacy The Board has reviewed liquor license renewals at recent meetings and has approved renewals for all applicants except Hotel Pharmacy. Per the Board’s request to hear from all liquor license renewal applicants who were cited during the past year for selling alcohol to underage customers, a representative of Hotel Pharmacy will be present at the April 3 meeting to explain what corrective actions have been taken and to answer questions. If the Board is satisfied with the explanation(s) it hears, then it will be asked to approve the second class liquor license renewal for Hotel Pharmacy.

POTENTIAL MOTION: TO APPROVE THE ANNUAL RENEWAL OF A SECOND CLASS LIQUOR LICENSE FOR HOTEL PHARMACY, 20 ELLIOT STREET. 

B. Strolling of the Heifers Friday Evening Street Festival – Special Event Permits for June 1 (i) 14th Star Brewing Co. (ii) Pizzapalooza, LLC, d/b/a Beer Naked Brewery (iii) Artesano, LLC (iv) Caledonia Spirits, Inc. (v) Vermont Distillers, Inc. (vi) Albatross, LLC, Spirits of Old Bennington (vii) Fresh Tracks Farm, LLC, d/b/a Fresh Tracks Farm Vineyard & Winery (viii) White Mountain Distillery, LLC, d/b/a Stowe Cider (ix) Cold Spring Spirits, d/b/a Mad River Distillers 

The Board is asked to approve special event permits for the above named vendors who are planning to participate in the portion of the Friday evening street festival on June 1, 2018, that will take place inside the River Garden. This event is intended to be similar to past years, except that some of the vendors are new this year and there are a total of nine participating vendors proposed for this year. Town staff has reviewed the applications and recommends approval.

POTENTIAL MOTION: TO APPROVE SPECIAL EVENT PERMITS FOR THE FOLLOWING VENDORS FOR THE PORTION OF THE STROLLING OF THE HEIFERS’ FRIDAY EVENING STREET FESTIVAL TO BE HELD INSIDE THE RIVER GARDEN ON JUNE 1, 2018, BETWEEN 5PM AND 9:30PM: 

VERMONT DISTILLERS, INC., FROM WEST MARLBORO, VERMONT 

14TH STAR BREWING COMPANY FROM ST. ALBANS, VERMONT 

CALEDONIA SPIRITS FROM HARDWICK, VERMONT 

ALBATROSS, LLC, d/b/a SPIRITS OF OLD BENNINGTON FROM BENNINGTON, VERMONT 

PIZZAPALOOZA, LLC, d/b/a BEER NAKED BREWERY FROM MARLBORO, VERMONT 

ARTESANO FROM GROTON, VERMONT 

FRESH TRACKS FARM, LLC, d/b/a FRESH TRACKS FARM VINYARD & WINERY FROM BERLIN, VERMONT 

WHITE MOUNTAIN DISTILLERY, LLC, d/b/a STOWE CIDER FROM STOWE, VERMONT 

COLD SPRING SPIRITS d/b/a MAD RIVER DISTILLERS OF WARREN, VERMONT 

8. WATER AND SEWER COMMISSIONERS None 

9. UNFINISHED BUSINESS None 

10. NEW BUSINESS 

A. Strolling of the Heifers Weekend (i) Street/Sidewalk Blocking Permit for Friday Evening Street Festival, June 1 (ii) Parade/Open Air Permit for Saturday Parade and Expo, June 2 (iii) Parade/Open Air Permit for Sunday Tour de Heifer, June 3 The Board is asked to approve the above noted permits for the Strolling of the Heifers weekend on June 1-3, 2018. Town staff has met extensively with the event organizers and recommends Selectboard approval of the permits with the conditions that are noted on the draft permits in the Selectboard’s notebooks. Representatives of Strolling of the Heifers will attend the meeting to answer questions about the events, which are planned to occur in much the same manner as in past years.

POTENTIAL MOTION #1: TO APPROVE A STREET/SIDEWALK BLOCKING PERMIT FOR THE STROLLING OF THE HEIFERS FRIDAY EVENING STREET FESTIVAL ON JUNE 1, 2018, BETWEEN 4:15PM AND 9:30PM. 

POTENTIAL MOTION #2: TO APPROVE A PARADE/OPEN AIR MEETING AND STREET/SIDEWALK BLOCKING PERMIT FOR THE STROLLING OF THE HEIFERS PARADE AND EXPO ON JUNE 2, 2018, BETWEEN 8AM AND 5PM. 

POTENTIAL MOTION #3: TO APPROVE A PARADE/OPEN AIR MEETING PERMIT FOR THE TOUR DE HEIFER BIKE RIDE EVENT ON JUNE 3, 2018, BETWEEN 8AM AND 4PM.

B. Downtown Improvement District Application for Designation Renewal – Planning Department The Board is asked to approve the application for renewal of the Town’s designated Downtown Improvement District. Town staff has collaborated with the Downtown Brattleboro Alliance (DBA) in preparing the application. Also, the locally required vote of affected property owners resulted in approval of renewing the Downtown Improvement District by a margin of 56 in favor to 12 opposed.

POTENTIAL MOTION: TO APPROVE SUBMITTAL OF THE APPLICATION TO THE DOWNTOWN BOARD OF THE VERMONT DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR RENEWAL OF BRATTLEBORO’S DESIGNATED DOWNTOWN IMPROVEMENT DISTRICT. 

C. Schedule Two Public Hearings for Review and Potential Adoption of the 2018 Town Plan – May 1 and May 15 are the Proposed Hearing Dates – Planning Department The Board will receive an overview of the updated Town Plan from Planning Services Director Rod Francis and will be asked to schedule the two required public hearings for adoption of the plan to occur at the Selectboard meetings on May 1 and May 15, 2018.

POTENTIAL MOTION: TO SCHEDULE PUBLIC HEARINGS REGARDING THE 2018 TOWN PLAN TO BE HELD ON MAY 1 AND MAY 15, 2018. 

D. Conditional Letter of Map Revision (CLOMR) for Whetstone Brook Melrose Terrace Floodplain Restoration Project – Planning Department The Town and Brattleboro Housing Partnerships are collaborating on a project to remove flood-prone buildings at Melrose Terrace and to provide floodplain restoration at that location. The Federal Emergency Management Agency (FEMA) has grant funding available for such projects and requires a “conditional letter of map revision” (CLOMR) as part of its review process. The Board is asked to authorize the Town Manager to apply for a CLOMR to advance this project.

POTENTIAL MOTION: TO AUTHORIZE THE TOWN MANAGER TO SIGN AND SUBMIT FORMS TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) TO OBTAIN A CONDITIONAL LETTER OF MAP REVISION (CLOMR) TO ADVANCE THE WHETSTONE FLOODPLAIN RESTORATION PROJECT. 

E. Cemetery Seasonal Maintenance – Award Bid, Recreational & Parks Department The Board is asked to award the annual bid for Town cemetery maintenance to Vermont Road Works, LLC, in the amount of $17,021. Only two bids were received for this contract. The other bid was lower, but it did not meet all of the specifications set forth in the Town’s request for proposals.

POTENTIAL MOTION: TO AWARD THE BID FOR SEASONAL MAINTENANCE OF PROSPECT HILL CEMETERY AND MORNINGSIDE CEMETERY TO VERMONT ROAD WORKS, LLC, IN THE AMOUNT OF $17,021.

F. Walmart Foundation Community Grant – Approve Application for Skatepark, Recreation & Parks Department The Board is asked to approve an application for a $5,000 Community Grant from the Walmart Foundation to provide partial funding for design and construction of the proposed Skatepark at Living Memorial Park.

POTENTIAL MOTION: TO AUTHORIZE THE RECREATION AND PARKS DEPARTMENT, ON BEHALF OF B.A.S.I.C. (BRATTLEBORO AREA SKATEPARK IS COMING), TO APPLY FOR A $5,000 COMMUNITY GRANT FROM THE WALMART FOUNDATION TO PROVIDE PARTIAL FUNDING FOR DESIGN AND CONSTRUCTION OF THE PROPOSED SKATEPARK AT LIVING MEMORIAL PARK. 

G. Westgate – Assignment of Debt from Housing Vermont to Windham & Windsor Housing Trust The Westgate affordable housing development is operated as a cooperative that has been supported by Housing Vermont since 2001 through an entity called Westgate Bond Housing Limited Partnership. Through a series of transactions, the Windham and Windsor Housing Trust (WWHT) is assuming the support role previously provided by Housing Vermont. The entity through which WWHT will provide this support is called Westgate Allocated Housing Limited Partnership. The Board is asked to approve an assumption agreement that was prepared by Town Attorney Bob Fisher through which Westgate Allocated Housing Limited Partnership will acknowledge that it has assumed all the obligations previously owed to the Town by the Westgate Bond Housing Limited Partnership and the Town will acknowledge that Westgate Bond Housing Limited Partnership no longer owes any obligations to the Town.

POTENTIAL MOTION: TO AUTHORIZE THE TOWN MANAGER TO EXECUTE AN ASSUMPTION AGREEMENT WITH WESTGATE ALLOCATED HOUSING LIMITED PARTNERSHIP, AS PRESENTED. 

H. Five County Scattered Site CDBG Grant – Windham and Windsor Housing Trust, Vermont Community Development Program (i) Adopt Grant Agreement Resolution (ii) Accept and Appropriate VCDP Grant (iii) Authorize Town Manager to Execute Grant Agreement and Take All Other Actions Necessary to Implement This Grant In March of 2017, the Board approved an application for a grant to support a 5-county affordable housing program to be administered by the Windham and Windsor Housing Trust and Downstreet Housing and Community Development in north central Vermont. Later in 2017, the Town was notified that we would be awarded that grant in the amount of $725,000, subject to the usual conditions and applicable documentation. The Town, the State, and the various private parties have been working together to finalize all of the paperwork necessary to implement this grant. That has now been accomplished and the applicable documents are included in the Selectboard’s notebooks. The Board will be asked to take three separate actions that will allow this matter to move forward into implementation.

POTENTIAL MOTION #1: TO ADOPT THE GRANT AGREEMENT RESOLUTION APPROVING GRANT AGREEMENT # 07110-SS-2016-BRATTLEBORO-00005, AS PRESENTED.

POTENTIAL MOTION #2: TO ACCEPT AND APPROPRIATE THE SUM OF $725,000 FROM THE VERMONT COMMUNITY DEVELOPMENT PROGRAM FOR THE FIVE COUNTY HOMEOWNERSHIP SERVICE PROGRAM ADMINISTERED BY THE WINDHAM AND WINDSOR HOUSING TRUST AND DOWNSTREET HOUSING AND COMMUNITY DEVELOPMENT. 

POTENTIAL MOTION #3: TO AUTHORIZE THE TOWN MANAGER TO EXECUTE GRANT AGREEMENT # 07110-SS-2016-BRATTLEBORO-00005 WITH THE STATE OF VERMONT AND TAKE ALL OTHER ACTIONS NECESSARY TO IMPLEMENT THIS GRANT. 

I. Vermont Community Development Program Policy Updates (i) Town’s Revolving Loan Fund – Plan for Use of Program Income & Unrestricted Revenue (ii) Agency of Commerce and Community Development – Municipal Policies and Codes 

The Board is asked to approve updated policy statements regarding the Town’s administration of our local Revolving Loan Fund and the Town’s participation in the Vermont Agency of Commerce and Community Development’s grant and loan programs. Details are set forth in the memorandum dated March 26, 2018, from Assistant Town Manager Patrick Moreland and in the attachments thereto.

POTENTIAL MOTION: TO ADOPT THE POLICY ENTITLED “TOWN OF BRATTLEBORO REVOLVING LOAN FUND – PLAN FOR THE USE OF PROGRAM INCOME AND UNRESTRICTED REVENUE,” AS PRESENTED. 

POTENTIAL MOTION: TO ADOPT THE POLICY ENTITLED “MUNICIPAL POLICIES AND CODES (FORM MP-1),” AS PRESENTED. 

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