A packed agenda of important items awaits the Brattleboro Selectboard for their first regular meeting of July. It’s going to be a long meeting.
There will be new liquor licenses, Commonwealtth Dairy wants to nearly double its water and sewer use, rental housing fines will be set, and the board will choose a bridge design for Melrose. There will be a discussion of downtown safety and a new mural for High Street. The board will discuss a woman’s right to choose. There are emergency repairs to authorize.
The firefighters get a “recently concluded additional collective bargaining agreement,” and the Fire Chief would like the board to approve additional funds to meet requirements of becoming a paramedic-level service.
But wait, there’s more! There will be a first reading of a new ordinance regarding wastewater allocation approvals, there will be a new contract for the Interim Town manager, a new street name will be approved, and the FY23 tax rate will be set.
You can always bring up other items not on the agenda during public participation.
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The Brattleboro Selectboard will meet on Tuesday, July 5, 2022, at 5:00pm and is expected to enter immediately into Executive Session to discuss the appointment or employment or evaluation of a public officer or employee. The Selectboard will meet at 5:15 in the Selectboard Meeting Room for Committee Interviews. The Selectboard will reconvene the business part of the meeting at 6:15pm in the Selectboard Meeting Room at the Brattleboro Municipal Center at 230 Main Street. Everyone will be required to maintain social distance. The public is encouraged to participate in the meeting over Zoom. The attached agenda contains information on how to access the meeting remotely, including the required “passcode.” ASL interpreters will be available for deaf and hard-of-hearing community members.
Jessica Sticklor (she/her/hers)
Executive Assistant
Town of Brattleboro
230 Main Street, Suite 208
Brattleboro, VT 05301
(802) 251 – 8115
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BRATTLEBORO SELECTBOARD
TUESDAY, JULY 5, 2022
SELECTBOARD MEETING ROOM + ZOOM
EXECUTIVE SESSION – 5:00PM
COMMITTEE INTERVIEWS – 5:15PM
REGULAR MEETING – 6:15PM
The physical location for this meeting will be the Selectboard Meeting Room at the Municipal Center at 230 Main Street.
If you join the meeting from your computer, tablet, or smartphone, please use this link:
https://us02web.zoom.us/j/86067892659
The “Meeting ID” for this meeting is:
860 6789 2659
Passcode: 12261753
You also can call in using your telephone
by dialing any of these toll-free numbers in the United States:
833-548-0282
877-853-5247
888-788-0099
833-548-0276
or you can access a list of non-toll-free numbers
for locations around the world using this link:
https://us02web.zoom.us/u/k2Hdbk6mA
The meeting also will be carried live on BCTV:
On Cable TV: Channel 1085 or Channel 10
Streaming Online: https://www.brattleborotv.org/channel-10-stream
Facebook Live: https://www.facebook.com/brattleborotv
AGENDA
1. CONVENE REGULAR MEETING
2. APPROVE MINUTES – June 14, 2022 and June 21, 2022
3. CHAIR’S REMARKS
4. MANAGER’S COMMENTS
5. SELECTBOARD COMMENTS AND COMMITTEE REPORTS
6. PUBLIC PARTICIPATION
7. CONSENT AGENDA
A. Propane – Approve Bid
8. LIQUOR COMMISSIONERS
A. Hazel – First and Third Class Liquor License
B. Bar 580 – First and Third Class Liquor License
9. WATER AND SEWER COMMISSIONERS
A. Vehicle 101 – Authorize Purchase
B. Authorize Allocation – Commonwealth Dairy
10. UNFINISHED BUSINESS
A. Ordinance Amendment Chapter 8 – Second Reading and Possible Adoption
B. Melrose Bridge Replacement – Select Bridge Option
11. NEW BUSINESS
A. Downtown Safety – Discussion
B. High Street Mural Project – Approve Project
C. Resolution on a Woman’s Right to Choose – Discussion
D. Emergency Construction on Williams Street – Authorize to Proceed
E. Collective Bargaining Agreement, Local 4439 – Approve MOA
F. Medical Director Services Agreement – Authorize Agreement
G. Ordinance Amendment Chapter 18 – First Reading
H. Interim Town Manager – Approve Contract
I. Authorize Street Name – Red Tail Lane
J. FY23 Tax Rate – Set Rate
K. Committee Appointments
12. CORRESPONDENCE/FYI
A. Warrants
13. MEETINGS
See Town Calendar
14. ADJOURNMENT
……
MEMORANDUM
To: Selectboard
From: Patrick Moreland, Interim Town Manager
Re: Administrative Report
Date: July 1, 2022
———————————————————————————————————————————–
The following will summarize the proposed motions for the Selectboard meeting on Tuesday, July
5, 2022. The Board will convene at 5:00pm in the Selectboard Meeting Room and is expected to
enter immediately into executive session to discuss the appointment or employment or evaluation
of a public officer or employee. The Board will then convene at 5:15pm for committee interviews.
The Board will reconvene the business meeting at 6:15pm in the Selectboard Meeting Room and
on Zoom.
Join the meeting from a computer, tablet, or smartphone, using this link:
https://us02web.zoom.us/j/86067892659
The “Meeting ID” for this meeting is:
860 6789 2659
Passcode: 12261753
You also can call in using your telephone
by dialing any of these toll-free numbers in the United States:
833-548-0282
877-853-5247
888-788-0099
833-548-0276
or you can access a list of non-toll-free numbers
for locations around the world using this link:
https://us02web.zoom.us/u/k2Hdbk6mA
The meeting will be carried live on BCTV:
On Cable TV: Channel 1085 or Channel 10
Streaming Online: https://www.brattleborotv.org/channel-10-stream
Facebook Live: https://www.facebook.com/brattleborotv/
7. CONSENT AGENDA
A. Propane – Approve Bid
In a memorandum dated June 28, 2022 Finance Director Kim Frost recommends that the Board except the bid from L&G Propane of Keene, New Hampshire for $1.799 a gallon. L&G Propane were the sole bidder in the Town’s bid for 58, 400 gallons of propane for the 2023 fiscal year.
POTENTIAL MOTION: TO ACCEPT THE CONSENT AGENDA, AS PRESENTED.
8. LIQUOR COMMISSIONERS
A. Hazel – First and Third Class Liquor License
Hazel, located at 75 Elliot Street, is in the process of being purchased by new owners. They plan to close in July and reopen once they have obtained their First and Third Class Liquor Licenses. Ms. Shelby Brimmer, co-owner of the restaurant, will be present at the Selectboard meeting to answer any questions. Town staff has reviewed this application.
POTENTIAL MOTION: TO APPROVE A FIRST-CLASS AND A THIRD-CLASS LIQUOR LICENSE FOR HAZEL LOCATED AT 75 ELLIOT STREET.
B. Bar 580 – First and Third Class Liquor License, Outside Consumption Permit and Entertainment License
Bar 580, located at 70 Landmark Hill Drive, is hoping to open in September of this year. They are seeking a First and Third Class Liquor License as well as an Outside Consumption Permit and Entertainment License. Staff recommends the approval of these applications, contingent on the Development Review Board’s approval.
POTENTIAL MOTION: TO APPROVE A FRIST AND THIRD CLASS LIQUOR LICENSE, OUTSIDE CONSUMPTION PERMIT AND ENTERTAINMENT LICENSE FOR BAR 580 LOCATED AT 70 LANDMARK HILL DRIVE.
9. WATER AND SEWER COMMISSIONERS
A. WWTP Vehicle 101 – Authorize Purchase
In a memorandum dated June 24, 2022 Public Works Director Dan Tyler explains that the current Utilities Division Vehicle #101, a 2015 Ford Explorer SUV is scheduled for replacement per the Long-Term Capital Replacement Plan. DPW proposes replacing the current SUV with a Toyota Rav4 Hybrid. The cost of the Toyota is $27,126, well below the $35,000 budget in the Utility Capital Plan. This purchase will be made through Alderman’s Toyota of Rutland, VT. The price was received through the State of Vermont, Office of Purchasing, Statewide Bid System. Rather than trade the current vehicle, DPW proposes that it be repurposed as a Parking Enforcement vehicle. The current Parking Enforcement vehicle will be traded toward the purchase of the Rav4. Due to market fluctuations, Alderman’s Toyota will not commit to a trade value until the Rav4 is received.
POTENTIAL MOTION: TO APPROVE THE PURCHASE OF A TOYOTA RAV4 HYBRID FROM ALDERMAN’S TOYOTA OF RUTLAND, VT FOR A TOTAL NOT TO EXCEED COST OF $27,126.
B. Authorize Allocation – Commonwealth Dairy
In a memorandum dated June 9, 2022 Public Work’s Director Dan Tyler explains that DPW has received a request for an increase in water and sewer allocation from Commonwealth Dairy. They produce yogurt at #111 Dylan Road and are currently allocated 100,000 gallons of water and wastewater per day. The current request is for 185,000 gallons per day. The discharge limitations and monitoring requirements would remain consistent with the current levels. To achieve this, Commonwealth proposes adding additional biological treatment process and modifications to their existing pretreatment. DPW has reviewed the request and verified our ability to provide the requested level of service.
POTENTIAL MOTION: TO AUTHORIZE AN INCREASE IN THE WATER AND SEWER CAPACITY FOR COMMONWEALTH DAIRY LOCATED AT #111 DYLAN ROAD FROM 100,000 GALLONS PER DAY TO 185,000 GALLONS PER DAY WITH CONDITIONS AS PRESENTED.
10. UNFINISHED BUSINESS
A. Ordinance Amendment Chapter 8 – Second Reading and Possible Adoption
In a memorandum dated June 29, 2022 Interim Town Manager Patrick Moreland discusses an amendment to the Brattleboro Code of Ordinances, Chapter 8, Health, Sanitation, Fire Safety Inspections and Rental Housing, Section 8-55 Penalty and Enforcement and Section 8-55.1, Schedule of Fines. In 2019 the Selectboard added Article 4 to Chapter 8 of the Brattleboro Code of Ordinances, however a Schedule of Fines was planned but never completed, as the pandemic emerged not long after the Article was added. Staff is now bringing forward this amendment to finalize this important component of the Rental Housing Inspection Program. This is the second reading of this amendment.
POTENTIAL MOTION: TO AMEND CHAPTER 8, HEALTH, SANITATION, FIRE SAFETY INSPECTIONS AND RENTAL HOUSING, SECTION 8-55, PENALTY AND ENFORCEMENT AND SECTION 8-55.1, SCHEDULE OF FINES.
B. Melrose Bridge Replacement – Select Bridge Option
In a memorandum dated June 27, 2022 Planning Director Sue Fillion discuses the options regarding the planned improvements for the Bridge 54 project. After careful analysis by staff, they unanimously recommend that the Selectboard endorse Alternative 4b, full bridge replacement with the temporary bridge option.
POTENTIAL MOTION: TO ENDORSE ALTERNATIVE 4B; FULL BRIDGE REPLACEMENT WITH A CONVENTIONAL BRIDGE AND TRAFFIC MAINTAINED ON A TEMPORARY BRIDGE.
11. NEW BUSINESS
A. Downtown Safety – Discussion
POTENTIAL MOTION: NO ACTION REQUIRED AT THIS TIME
B. High Street Mural Project – Approve Project
In a memorandum dated June 29, 2022 Art Committee Chair Lars Hasselblad Torres recommends the approval of a mural project on High Street. The committee reached this decision based on the artistic quality and the site-specific location, community involvement and the well organized and thoughtfully written background materials.
POTENTIAL MOTION: TO APPROVE THE HIGH STREET MURAL PROJECT AS PRESENTED.
C. Resolution on a Woman’s Right to Choose – Discussion
A resolution in support of a Woman’s Right to Choose has been offered by Selectboard member Jessica Gelter. The Board is asked to consider the issue in light of the recent Supreme Court Decision and to review the Resolution included in the Meeting Materials. It is uncertain if the Board will act on the resolution on July 5, or if further work on the resolution will be required in light of the discussion. It is expected therefore that the resolution might not be acted upon until a future Selectboard Meeting, perhaps as quickly as on July 19, 2022.
POTENTIAL MOTION: TBD
D. Emergency Construction on Williams Street – Authorize to Proceed
In a memorandum dated June 16, 2022, Public Work’s Director Dan Tyler explained the need for emergency repairs to the William’s Street Retaining Wall. On April 8, 2022, DPW was notified that a 30-foot section of stone retaining wall had dislodged and fallen into the Whetstone Brook. The failure of the retaining wall encroached on the southbound lane of the west leg of Williams Street, and the water and sewer main located under the edge of
the roadway. While the area has been temporarily stabilized, Southern Vermont Engineering provided a cost estimate of $350,000 to make the repairs. Staff are seeking authorization to proceed with emergency repairs in order to protect the vulnerable water and sewer infrastructure and to prevent further degradation of the road.
POTENTIAL MOTION: TO AUTHORIZE THE DEPARTMENT OF PUBLIC WORKS TO PROCEED WITH THE PROCUREMENT OF A CONTRACTOR TO COMPLETE EMERGENCY REPAIRS TO THE WILLIAM’S STREET RETAINING WALL.
E. Collective Bargaining Agreement, Local 4439 – Approve MOA
In a memorandum dated June 24, 2022, Human Resources Director Sally Nix recommends that the Board approve the recently concluded additional collective bargaining agreement regarding compensation and relevant articles for all members of the Brattleboro Professional Firefighters Association (BPFA). The agreement between the Town of Brattleboro and the BPFA Local #4439 covers the period of July 1, 2022 through June 30, 2023.
POTENTIAL MOTION: TO APPROVE THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE TOAN AND THE BRATTLEBORO PROFESSIONAL FIREFIGHTERS’ ASSOCIATION (BPFA) LOCAL #4439 FOR THE PERIOD OF JULY 1, 2022 THROUGH JUNE 30, 2023.
F. Medical Director Services Agreement – Authorize Agreement
In a memorandum dated June 27, 2022, Fire Chief Leonard Howard III, discusses the Medical Director Services Agreement. The Fire Department currently receives two hours of medical director services a month at no charge, but with the Department becoming a paramedic level service, Dartmouth Hitchcock Medical Center in coordination with District 13’s medical director requires eight hours of medical director service a month. While the first two hours will still be free of charge, there is a monthly fee of $1,415.04 or a one-year sum of $16,980.48 for this service. After one year of oversight operating at the paramedic level, if the district’s medical director feels this oversight can be reduced, we can reduce the hours to four hours a month. Doctor J.D. Storn will oversee this service.
POTENTIAL MOTION: TO AUTHORIZE THE TOAN MANAGER TO EXECUTE A ONE YEAR AGREEMENT FOR MEDICAL DIRECTOR SERVICES WITH DARTMOUTH HITCHCOCK MEMORIAL HOSPITAL IN THE AMOUNT OF $16,980.48.
G. Ordinance Amendment Chapter 18 – First Reading
In a memorandum dated June 28, 2022 Interim Town Manager Patrick Moreland reports that Town staff are asking the Board to clarify in Ordinance Amendment 18, the long- standing practice of having the Superintendent authorize all residential and commercial applications to the wastewater system. Staff also seeks to clarify the expectation that all industrial allocations will be considered directly by the Selectboard. Staff also recommends a new pricing system that increases the cost of discharge for those customers with a State Wastewater Pre-treatment Discharge permit, for each occurrence within a 30-day billing cycle where the quality of the discharge exceeds the permitted limits. The Board is asked to conduct a first reading of the Brattleboro Code of Ordinances Chapter 18, Water & Sewers, Article 1, In General, Section 18-3, Public Utilities Superintendent, and to Section 18-5, Billing, Payment, Penalties and Interest.
NO ACTION REQUIRED AT THIS TIME.
H. Interim Town Manager – Approve Contract
The Board is asked to approve the Employment Agreement between the Town of Brattleboro and Patrick Moreland, to serve as Interim Town Manager.
POTENTIAL MOTION: TO APPROVE THE EMPLOYMENT AGREEMENT BETWEEN THE TOWN OF BRATTLEBORO AND PATRICK MORELAND, TO SERVE AS INTERIM TOWN MANAGER.
I. Authorize Street Name – Red Tail Lane
In a memorandum dated July 5, 2022, Planning Technician and E911 Coordinator Stephen Hayes writes that following the Development Review Board’s approval of a permit application for a subdivision for construction of a new single-family home on a new parcel, a new legal address was needed for the future homesite. A new assigned address would bring the number of unique E911 addresses accessed by a single unnamed private drive to three, the threshold at which state E911 policy requires the assignment of a new street name. He recommends the approval of a change of street name for an existing private driveway access tax map parcels 00235171.200, 00235171.300 and 00235171.400, currently serving legal E911 addresses 89 and 91 Greenleaf Street, to “Red Tail Lane.
POTENTIAL MOTION: TO APPROVE A CHANGE OF STREET NAME FOR AN EXISTING PRIVATE DRIVEWAY ACCESS TAX MAP PARCELS 00235171.200, 00235171.300 AND 00235171.400, CURRENTLY SERVING LEGAL E911 ADDRESSES 89 AND 91 GREENLEAF STREET, TO “RED TAIL LANE.”
J. FY23 Tax Rate – Set Rate
The Board is asked to set the tax rate for FY2023. The Municipal Tax Rate is set based upon the General Fund Budget that was approved by Representative Town Meeting in March, which is then divided by the value of the Grand List as it is lodged with the Town Clerk in April.
POTENTIAL MOTION: POTENTIAL MOTION: TO APPROVE A MUNICIPAL TAX RATE OF $1.3320 PER $100 OF ASSESSED VALUATION FOR GENERAL FUND OPERATIONS INCLUDING THE LOCAL AGREEMENT, AN ADDITIONAL $0.1312 PER $100 OF ASSESSED VALUATION FOR THE DOWNTOWN IMPROVEMENT DISTRICT, AND AN ADDITIONAL $4.0573 PER $100 OF ASSESSED VALUATION FOR THE TRI-PARK SPECIAL ASSESSMENT; AND TO RATIFY THE STATE-MANDATED EDUCATION RATES OF $1.7032 PER $100 OF ASSESSED VALUATION FOR HOMESTEAD PROPERTIES AND $1.5801 PER $100 OF ASSESSED VALUATION FOR NON-RESIDENTIAL PROPERTIES.
K. Committee Appointments
The Board is asked to appoint members to various Town committees, boards, and in-house positions, filling positions that either are already vacant or would become vacant on July 1, 2022.
POTENTIAL APPOINTMENTS: TBD
