Brattleboro Selectboard Agenda and Notes – December 4, 2018

Is Dozer a dangerous dog? Must Dozer be contained, leashed and muzzled? The Chief of Police says yes, the owner says no, and the Brattleboro Selectboard will get to decide at their next regular meeting on Tuesday.

The DPW will begin looking at options for improvements to their facilities on Fairground Road, the shiny discs on the parking garage will become a permanent installation, SeVEDS will review their year and ask for money, the Assessor’s Office will talk FY20 budget, and the board will approve some grants. You can bring up other items, of course, during public participation.

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The Brattleboro Selectboard will meet on Tuesday, December 4, 2018, 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 contracts, labor relations agreements with employees, and the negotiation of a real estate purchase or lease.  The Board will reconvene the regular business meeting at 6:15pm.  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, DECEMBER 4, 2018 

SELECTBOARD MEETING ROOM, MUNICIPAL CENTER 

EXECUTIVE SESSION – 5:45PM 

REGULAR MEETING – 6:15PM 

AGENDA 

1. CONVENE REGULAR MEETING 

2. APPROVE MINUTES – November 20 and November 27 

3. CHAIR’S REMARKS 

4. MANAGER’S COMMENTS 

5. SELECTBOARD COMMENTS AND COMMITTEE REPORTS 

6. PUBLIC PARTICIPATION 

7. LIQUOR COMMISSIONERS – None 

8. WATER AND SEWER COMMISSIONERS 

A. Award Bid – Public Works Facility Feasibility Study and Project 

9. UNFINISHED BUSINESS – None 

10. NEW BUSINESS 

A. Award Bid – Public Works Facility Feasibility Study and Project 

B. Contract with Artists – “Ask the River” Project (formerly “River Wall”) 

C. Dangerous Dog Appeal 

D. Southeastern Vermont Economic Development Strategies (SeVEDS)  

Update and Request for FY20 Funding 

E. FY20 Proposed Budget (i) Assessor’s Office (ii) Planning Services Department 

F. Update re: Previously Proposed Vehicles for Hire Ordinance – Town Attorney 

G. Approve Grant Application – 

Thomas Thompson Trust, Brattleboro Community Justice Center 

H. Approve Grant Application – Vermont Outdoor Recreation Economic Collaborative Community Grant Program, Recreation & Parks Department for the Skatepark 

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: November 29, 2018 

 

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The following will summarize the proposed motions for the Selectboard meeting on Tuesday, December 4, 2018. The Board will meet in executive session at 5:45pm to discuss contracts, labor relations agreements with employees, 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 None 

8. WATER AND SEWER COMMISSIONERS 

A. Award Bid – Public Works Facility Feasibility Study and Project The Department of Public Works facilities on Fairground Road are in need of repairs and updating. As set forth in a memorandum dated November 27, 2018, from Town Manager Elwell and Public Works Director Barrett, funding for a feasibility report and site engineering was approved in the 2018-2019 Highway and Utilities capital budgets. There is $35,000 in the Utilities Fund and $30,000 in the General Fund, for a total of $65,000. A Request for Proposals (RFP) was recently issued for Architectural and Engineering Services for a Facility Feasibility Study and Report. As set forth in the memorandum dated November 23, 2018, from Owner’s Representative Steve Horton, three bids were received that met the requirements of the RFP. The bid submitted by Banwell Architects, from Lebanon, New Hampshire, and SVE Engineering, from Brattleboro, Vermont, in the amount of $20,200 was the lowest bid. The Water and Sewer Commissioners are asked to award a contract for Architectural and Engineering Services to Banwell Architects and SVE Engineering in the total amount of $20,200, with the sum of $10,100 to be paid from the Utilities fund. 

POTENTIAL MOTION: TO AWARD THE BID FOR ARCHITECTURAL AND ENGINEERING SERVICES TO BANWELL ARCHITECTS AND S.V.E. ENGINEERING, IN THE TOTAL AMOUNT OF $20,200, WITH THE SUM OF $10,100 TO BE PAID FROM THE UTILITIES FUND. 

9. UNFINISHED BUSINESS None 

10. NEW BUSINESS 

A. Award Bid – Public Works Facility Feasibility Study and Project As set forth above under Water and Sewer Commissioners, the Board is asked to award a contract for Architectural and Engineering Services to Banwell Architects and SVE Engineering, in the total amount of $20,200, with the sum of $10,100 to be paid from the General Fund. 

POTENTIAL MOTION: TO AWARD THE BID FOR ARCHITECTURAL AND ENGINEERING SERVICES TO BANWELL ARCHITECTS AND S.V.E. ENGINEERING, IN THE TOTAL AMOUNT OF $20,200, WITH THE SUM OF $10,100 TO BE PAID FROM THE GENERAL FUND. 

B. Contract with Artists – “Ask the River” Project (formerly “River Wall”) The Board is asked to approve a contract between the Town and the 3 artists who are collaborating on the public art project now entitled “Ask the River” to be installed on the side of the Brattleboro Transportation Center. As set forth in the memorandum dated November 29, 2018, from Town Manager Elwell, this contract is in furtherance of the Selectboard’s approval of the project on September 4, 2018. 

POTENTIAL MOTION: TO AUTHORIZE TOWN MANAGER PETER ELWELL TO EXECUTE A CONTRACT WITH EVIE LOVETT, ANDY WASSERMAN, AND ELIZABETH BILLINGS FOR THE “ASK THE RIVER” PUBLIC ART PROJECT. 

C. Dangerous Dog Appeal Due to an incident where a dog, “Dozer,” killed a cat and to other related concerns, Police Chief Michael Fitzgerald declared Dozer to be a dangerous dog. The applicable Town ordinance requires that a dangerous dog be contained on its owner’s property and that it be leashed and muzzled anytime it is taken off of its owner’s property. Dozer’s owner, Nina Kunimoto, has appealed Chief Fitzgerald’s declaration for review by the Selectboard. The Board is asked to hear from Chief Fitzgerald and from Ms. Kunimoto and her attorney, Margaret York, and then to either sustain or overturn Chief Fitzgerald’s declaration. 

POTENTIAL MOTION: TO [either SUSTAIN or OVERTURN] POLICE CHIEF MICHAEL FITZGERALD’S DECLARATION THAT DOZER IS A DANGEROUS DOG PER THE DEFINITION SET FORTH IN BRATTLEBORO TOWN ORDINANCES, CHAPTER 3, SECTION 3-15. 

D. Southeastern Vermont Economic Development Strategies (SeVEDS) – Update and Request for FY20 Funding Adam Grinold, Executive Director of the Brattleboro Development Credit Corporation (BDCC) will provide an update regarding Southeastern Vermont Economic Development Strategies (SeVEDS) and will ask the Board to place on the Representative Town Meeting warning a request for $36,147 ($3 per person for Brattleboro’s population of 12,049) contribution to SeVEDS for FY20. 

POTENTIAL MOTION: TBD 

E. FY20 Proposed Budget (i) Assessor’s Office (ii) Planning Services Department The Board will review the proposed FY20 budgets for the Assessor’s Office and the Planning Services Department. 

NO ACTION IS REQUIRED ON THIS ITEM.

F. Update re: Previously Proposed Vehicles for Hire Ordinance – Town Attorney In furtherance of the Selectboard’s consideration of a draft ordinance at several meetings earlier this year, Town Attorney Bob Fisher will provide an update on his further research regarding various classifications of vehicles for hire (and their drivers) and will seek Selectboard direction regarding next steps in addressing this matter. 

POTENTIAL MOTION: TBD 

G. Approve Grant Application – Thomas Thompson Trust, Brattleboro Community Justice Center The Board is asked to approve an application of the Brattleboro Community Justice Center for a $5,000 grant from the Thomas Thompson Trust to support a collaborative project to incorporate restorative justice practices into the ongoing work of local social service agencies. 

POTENTIAL MOTION: TO APPROVE THE BRATTLEBORO COMMUNITY JUSTICE CENTER’S APPLICATION FOR A $5,000 GRANT FROM THE THOMAS THOMPSON TRUST TO PAY FOR STAFF TIME, MATERIALS, FOOD, AND STIPENDS FOR CLIENTS IN A COLLABORATION WITH THE GREATER FALLS COMMUNITY JUSTICE CENTER, GROUNDWORKS COLLABORATIVE, AND YOUTH SERVICES TO ENGAGE, TRAIN, AND MOTIVATE AREA NON-PROFIT STAFF AND CLIENTS TO INCORPORATE RESTORATIVE JUSTICE PRACTICES INTO THE ONGOING WORK OF THEIR ORGANIZATIONS. 

H. Approve Grant Application – Vermont Outdoor Recreation Economic Collaborative Community Grant Program, Recreation & Parks Department for the Skatepark The Board is asked to approve an application of the Recreation and Parks Department on behalf of BASIC (Brattleboro Area Skatepark is Coming) for an $85,000 grant from the Vermont Outdoor Recreation Economic Collaborative Community Grant Program of the Vermont Department of Forests, Parks, and Recreation. The grant will help pay for construction of the skatepark that is being planned for Living Memorial Park. 

POTENTIAL MOTION: TO APPROVE THE RECREATION AND PARKS DEPARTMENT’S APPLICATION ON BEHALF OF BASIC FOR AN $85,000 VERMONT OUTDOOR RECREATION ECONOMIC COLLABORATIVE COMMUNITY GRANT FROM THE VERMONT DEPARTMENT OF FORESTS, PARKS, AND RECREATION TO HELP PAY FOR CONSTRUCTION OF A SKATEPARK AT LIVING MEMORIAL PARK. 

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