Brattleboro Selectboard Agenda and Notes – October 15, 2019

At their next meeting, the Brattleboro Selectboard will decide if the Town will be joining Bennington in a lawsuit “to recover costs and damages from manufacturers, distributers, and retailers who have profited from the sale of opioids.” Town Attorney Bob Fisher will summarize the 175 page complaint and answer questions.

Health Insurance will be renewed for 2020, winter sand and road salt will be purchased, bulletproof vests will be funded, goals will be reviewed and an update from the solid waste district will be delivered. You can deliver your own items, not already on the agenda, during public participation.

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The Brattleboro Selectboard will meet on Tuesday, October 15, 2019, in the Selectboard Meeting Room at the Municipal Center.  It is anticipated that the Board will enter into executive session at 4:30pm to discuss contracts, labor relations agreements with employees, pending or probable civil litigation, and the appointment of a public officer or employee.  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

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BRATTLEBORO SELECTBOARD 

SELECTBOARD MEETING ROOM, MUNICIPAL CENTER 

TUESDAY, OCTOBER 15, 2019 

EXECUTIVE SESSION – 4:30PM 

REGULAR MEETING – 6:15PM 

AGENDA 

1. CONVENE REGULAR MEETING 

2. APPROVE MINUTES – October 1 

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 – None 

9. UNFINISHED BUSINESS 

A. Municipal Broadband – Additional Research Results + Consideration of Potential Future Actions 

10. NEW BUSINESS 

A. Authorization for Town to Join in Multi-Jurisdictional Opioids Litigation – Town Attorney 

B. Update from the Windham Solid Waste Management District – Michelle Cherrier, WSWMD Chair, and Bob Spencer, WSWMD Executive Director 

C. Financial Report – Monthly Report, September 

D. Resolutions Regarding Authority for Wire Transfers 

E. Employee Health Insurance Program – Renewal for Calendar Year 2020 

F. Award Bids – (i) Winter Sand (ii) Winter Road Salt 

G. Bulletproof Vest Partnership Grant – Accept and Appropriate 

H. Selectboard Goals – Quarterly Review 

I. Committee Appointment 

11. CORRESPONDENCE/FYI 

A. Warrants 

B. Department Monthly Reports 

12. MEETINGS 

See enclosed Town Calendar 

13. ADJOURNMENT 

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 MEMORANDUM 

To: Selectboard 

From: Peter B. Elwell, Town Manager 

Re: Administrative Report 

Date: October 10, 2019 

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The following will summarize the proposed motions for the Selectboard meeting on Tuesday, October 15, 2019. The Board will meet in executive session at 4:30pm to discuss contracts, labor relations agreements with employees, pending or probable civil litigation, and the appointment of a public officer or employee. The Board will reconvene the business meeting at 6:15pm in the Selectboard Meeting Room. 

7. LIQUOR COMMISSIONERS – None 

8. WATER AND SEWER COMMISSIONERS – None 

1. 9. UNFINISHED BUSINESS A. Municipal Broadband – Additional Research Results + Consideration of Potential Future Actions At the October 1 meeting, the Board heard a report from Assistant Town Manager Patrick Moreland about his research into municipal broadband systems, discussed this matter with the members of the public in attendance, and asked staff to provide additional information. Included in the Board’s notebooks for the October 15 meeting  is Mr. Moreland’s update which identifies potential “next step” actions and asks several questions regarding the context within which the next step action decision will be made. 

POTENTIAL MOTION: TBD

 

1. 1. 10. NEW BUSINESS A. Authorization for Town to Join in Multi-Jurisdictional Opioids Litigation – Town Attorney The Board is asked to authorize the Town’s joinder into litigation filed on behalf of the Town of Bennington to recover costs and damages from manufacturers, distributers, and retailers who have profited from the sale of opioids. In the Selectboard’s notebooks for this meeting, Town Attorney Bob Fisher provides the background to this matter in a memorandum dated October 10, 2019, along with a complete copy of the 175-page Bennington complaint. 

POTENTIAL MOTION: TO AUTHORIZE THE TOWN ATTORNEY TO TAKE ANY ACTIONS NECESSARY FOR THE TOWN OF BRATTLEBORO TO JOIN IN THE OPIOIDS RELATED LITIGATION FILED ON BEHALF OF THE TOWN OF BENNINGTON, STYLED AS “MDL 2804 Case No. 1:17-md-2804-DAP”

B. Update from the Windham Solid Waste Management District – Michelle Cherrier, WSWMD Chair, and Bob Spencer, WSWMD Executive Director The Board will receive an update from Michelle Cherrier and Bob Spencer from the Windham Solid Waste Management District. 

NO ACTION IS REQUIRED ON THIS ITEM. 

C. Financial Report – Monthly Report, September Finance Director John O’Connor will present the financial report for September 2019. 

NO ACTION IS REQUIRED ON THIS ITEM. 

D. Resolutions Regarding Authority for Wire Transfers With the upcoming retirement of Finance Director John O’Connor, the Board is asked to approve a resolution to authorize other staff members to effectuate wire transfers when necessary. Included in the Board’s notebooks is a memorandum dated September 30, 2019, from Finance Director O’Connor describing a new internal procedure and presenting the resolution language that is required by the bank. The Board is asked to approve the resolutions so that Deborah Desrosiers and Brenda Emery in the Town Treasurer’s Office will be able to initiate wire transfers subject to the advance written approval of Town Manager Elwell. 

POTENTIAL MOTION: TO APPROVE RESOLUTION LANGUAGE PROVIDED BY COMMUNITY BANK NATIONAL ASSOCIATION AUTHORIZING SPECIFIC TOWN EMPLOYEES TO INITIATE AND APPROVE WIRE TRANSFERS, AS PRESENTED. 

E. Employee Health Insurance Program – Renewal for Calendar Year 2020 The Board is asked to approve the renewal of the Town’s Employee Health Insurance Program for calendar year 2020, in compliance with the applicable collective bargaining agreements and other prior decisions of the Selectboard. The details are set forth in a memorandum dated October 10, 2019, from Town Manager Elwell. As that memo states, the original renewal offer from Blue Cross Blue Shield would have resulted in a 12% cost increase for Town taxpayers but that amount was reduced to 8.7% through negotiations with BBCS by The Richards Group on the Town’s behalf and an agreement with Town employees to begin sharing the cost of health insurance premiums. 

POTENTIAL MOTION: TO APPROVE RENEWAL OF THE TOWN’S EMPLOYEE HEALTH INSURANCE PROGRAM FOR CALENDAR YEAR 2020, AS PRESENTED. 

F. Award Bids – (i) Winter Sand (ii) Winter Road Salt The Board is asked to award bids for winter sand and road salt, as set forth in the memoranda dated October 8, 2019, from Highway/Utilities Superintendent Dan Tyler. Staff is recommending that the sand bid be awarded to low bidder Zaluzny Excavating of Vernon, Vermont, in the amount of $10.40 per cubic yard delivered, and that the road salt bid be awarded to Apalachee Salt, of Rochester, New York, in the amount of $76.00 per ton (per Apalachee Salt’s contract with the State of Vermont). 

POTENTIAL MOTION: TO AWARD THE BID FOR WINTER SAND TO ZALUZNY EXCAVATING OF VERNON, VERMONT, IN THE AMOUNT OF $10.40 PER CUBIC YARD DELIVERED, AND TO AWARD THE BID FOR WINTER ROAD SALT TO APALACHEE SALT, OF ROCHESTER, NEW YORK, IN THE AMOUNT OF $76.00 PER TON (PER APALACHEE SALT’S CONTRACT WITH THE STATE OF VERMONT). 

G. Bulletproof Vest Partnership Grant – Accept and Appropriate The Board is asked to accept and appropriate the Bulletproof Vest Partnership Grant from the Bureau of Justice Assistance in the amount of $2,517.16 to purchase bulletproof vests for the Police Department. 

POTENTIAL MOTION: TO ACCEPT AND APPROPRIATE THE BULLETPROOF VEST PARTNERSHIP GRANT FROM THE BUREAU OF JUSTICE ASSISTANCE IN THE AMOUNT OF $2,517.16. 

H. Selectboard Goals – Quarterly Review The Board will review progress in the implementation of the Selectboard’s annual goals that were adopted on June 4, 2019. The Selectboard’s notebooks for this meeting contain a status report on this matter prepared by Town Manager Peter Elwell on October 10, 2019. 

NO ACTION IS REQUIRED ON THIS ITEM. 

I. Committee Appointment The Board is asked to appoint Prudence MacKinney to the Planning Commission. 

POTENTIAL NOMINATION: PRUDENCE MacKINNEY TO THE PLANNING COMMISSION.