Time once again for the Brattleboro Selectboard Agenda and Notes. Did you know that you can attend the meeting in person or watch on BCTV?
Whichever way you participate you will be treated to discussions and action on issues such as the FY06 Single Audit Report, bonds from Town Meeting, a new 24 hour taxi service, continued public hearings (impervious surfaces!), de novo vs on the record DRB reviews, a discussion of Robert's Rules when a member is out of order, and more. If there is something that's missing, you can bring it up in Citizen Participation.
BRATTLEBORO SELECTBOARD
TUESDAY, JUNE 5, 2007
Interviews – 5pm
Regular Meeting - 6:15pm
AGENDA
PLEASE NOTE TIMES OF MEETING
1. The Board will meet at 5pm to interview candidates for the Development Review Board.
2. Reconvene Regular Meeting at 6:30pm
3. Confirm Meeting Officially Warned.
4. Approve Minutes from May 15 & May 21, 2007
5. CHAIR'S REMARKS
6. MANAGER'S COMMENTS
7. SELECTBOARD COMMITTEE REPORTS
8. CITIZEN'S PARTICIPATION (for items not on Agenda)
9. Adjustments to the Agenda
Board of Liquor Commissioners
10. Recess to Board of Liquor Commissioners
A. First Class Liquor License – Mole's Eye Café – 4 High Street
B. Entertainment License – Mole's Eye Café – 4 High Street
C. License Transfer to new Location – Indo-American Grocery moving from 60 Elliot Street to 69 Elliot Street – Chander Kanta
D. Other Business
E. Adjourn
11. INTERNAL BUSINESS
A. FY06 Single Audit Report – Discussion – John Leisenring
B. Bond Resolutions – Approval from Town Meeting Articles
1) Fire Dept. Pumper
2) Municipal Center Fuel Tank Replacement
3) Gibson Aiken Center Cornice Work
C. Taxi Cab Permit – M P Gouin Co., Inc.
D. 4th of July Parade – Approval
E. Street Name – Approve Harvest Hill for private drive off Miller Road
F. Continued Public Hearing – Approve Proposed Interim Ordinance Amending the Suburban Commercial Zoning District Regulations in West Brattleboro – Planning Director Jim Mullen and Planning Commissioners Gary Goodemote and Roger Miller
G. Continued Public Hearing – Approve Proposed Interim Ordinance Amending the Flood Hazard Area Zoning Regulations -
H. MAPA – Discussion of the DRB's move from "de novo" to "On the Record".
I. Robert's Rules of Order – " Out of Order"/"Chair's Responsibility/Authority" – Bob Fisher
12. OLD/OTHER BUSINESS
A. Town Manager Applications – Screening Committee Selection
13. NEW BUSINESS
A. Deputy Health Officer – Reappointment – Leonard Howard
B. DRB Appointments
14. CORRESPONDENCE
A. Harris Hill Ski Jump, Inc., thank you for the $35,000 grant (5/10/07)
15. MEETINGS
Solid Waste Meeting
Thursday, June 7, 6pm
Hanna Cosman Room
Economic Development & Land Conservation
Saturday, June 9, 8:30-noon
BUHS
Selectboard Meeting
Monday, June 11, 8:30am
Selectboard Meeting Room
Planning Commission
Monday, June 11, 6pm
Selectboard Meeting Room
Bus Advisory Committee
Wednesday, June 13, 2:30pm
Hanna Cosman Room
Selectboard Meeting
Tuesday, June 19, 6:15pm
Selectboard Meeting Room
Development Review Board
Monday, June 18, 7pm
Selectboard Meeting Room
16. ADJOURNMENT
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The following will summarize those items on the Agenda for the Monday, June 5, 2007 Selectboard Meeting.
10A. First Class Liquor License – Mole's Eye Café – 4 High Street. The Mole's Eye Café has been sold. The new owners, RRNM, Inc. have requested approval of their new First Class Liquor License.
Requested Motion: To approve the First Class Liquor License for RRNM, Inc., d/b/a Mole's Eye Café at 4 High Street.
10B. Entertainment License – Mole's Eye Café – 4 High Street. RRNM, Inc., d/b/a Mole's Eye Café also requires the Entertainment License to be transferred in their name. They will keep the same type of entertainment as has been in the past.
Requested Motion: To approve the Entertainment License for RRNM, Inc., d/b/a Mole's Eye Café at 4 High Street.
10C. License Transfer to new Location – Indo-American Grocery moving from 60 Elliot Street to 69 Elliot Street – Chander Kanta. In order to move his small grocery store across the street to 69 Elliot Street, Mr. Kanta must have approval from the local commissioners to transfer his Second Class Liquor License.
Requested Motion: To approve the relocation of the Indo-American Grocery from 60 Elliot Street to 69 Elliot Street.
11A. FY06 Single Audit Report – Discussion. The FY06 single audit report is now complete. This is the report that goes to all Federal and State funders and contains progress made on last year's findings and identifies new findings. While the Town does have new findings, progress was made on almost all of FY05 findings. Staff is happy with the progress made and continues to address and correct all findings.
Requested Motion:
11B. Bond Resolutions – Approval from Town Meeting Articles. Finance Director John Liesenring will present the board with the necessary paperwork to secure the bond monies approved at this year's Town Meeting. The bond will fund the Fire Department Pumper, replacement of the Municipal Center Fuel Tank and the Cornice Work at the Gibson Aiken Center. While these are three separate projects the money will be borrowed as one sum.
Requested Motion: To approve the resolution and accompanying documents related to the sale of bonds by the Vermont Municipal Bond Bank in the amount of $530,000 as authorized and approved by Town Representatives of Articles 29, 30 and 31 of the Town Meeting held on March 24, 2007.
11C. Taxi Cab Permit – M P Gouin Co., Inc. Michael Gouin proposes to start another Taxi Cab business in town to operate 7 days a week, 24 hours per day.
Requested Motion: To approve the Taxi Cab Permit for M P Gouin Co., Inc.
11D. 4th of July Parade – Approval. The Chamber of Commerce seeks Selectboard approval for their annual 4th of July Parade, which begins at 10am. The parade starts at the corner of Fairground and Canal and proceeds down Canal, up Main Street and to the Common.
Requested Motion: To approve the 4th of July Parade as requested by the Chamber of Commerce.
11E. Street Name – Approve Harvest Hill for private drive off Miller Road. The owners of the private drive off of Miller Road in West Brattleboro have requested that their drive be named Harvest Hill. Board approval is necessary.
Requested Motion: To name the private drive off of Miller Road in West Brattleboro Harvest Hill.
Items 11F and 11G deal with Interim Ordinances and both touch on the topic of impervious surfaces. Attorney Fisher has prepared a decision on the topic and Planning Director Jim Mullen presents the Board with the results of his research on the topic.
11F. Continued Public Hearing – Approve Proposed Interim Ordinance Amending the Suburban Commercial Zoning District Regulations in West Brattleboro. At its June 15 meeting, the Selectboard held its first hearing on an Interim Ordinance regulating development in the Suburban Commercial zoning district as is recommended in the West Brattleboro Master Plan. A full rewrite of the Suburban Commercial Zoning District Regulations will take much study and time. Changes were presented to this interim ordinance at the last meeting requiring a second hearing. This ordinance amendment would curtail some uses and add additional requirements to development in the Suburban Commercial zoning district. Interim ordinances are allowed by statute if a municipality is conducting, or taking action to conduct, a study or hearing(s) on a comprehensive plan. They are limited to durations of two years. The Interim Ordinance, with proposed changes is included in your packet.
Requested Motion: To adopt for a period of two years an Interim Ordinance under 24 VSA §4415 amending some of the language of the Suburban Commercial Zoning District Regulations in West Brattleboro (Section #2349 of the Brattleboro Zoning Ordinance.)
11G. Continued Public Hearing – Approve Proposed Interim Ordinance Amending the Flood Hazard Area Zoning Regulations. At its April 17 and June 15 meetings the Selectboard held public hearings on both permanent and interim Amendments on the Flood Hazard Area Regulations. While the permanent Amendment was approved at the June 15 meeting, the Interim Amendment was continued until this meeting. The main point of discussion was wording that would limit building in the Flood Hazard Area. The purposed wording states "there shall be no net increase in impervious surfaces". The concern raised was that this wording would be too restrictive, as it would prevent development on land, including agricultural or recreational. The Planning Commission and Town Attorney have worked to address Board members' concerns and insure a legally defendable ordinance be presented. Provided in your packet is the most recent iteration of the amendments.
Requested Motion: To adopt the proposed interim Amendments (pursuant to 24 VSA §4415) to the Flood Hazard Area Regulations of the town of Brattleboro Zoning Ordinance as warned for a public hearing on 4/15/07 and as amended at the public hearing on 5/15/07 for a period of two years.
11H. MAPA – Discussion of the DRB's move from "de novo" to "On the Record". In 1999 the Selectboard elected to utilize "on the record" for DRB review process. However, it was not until earlier this year that the DRB began training to implement this "on the record" procedure. Attorney Fisher reviewed the 1999 motion and determined that due to the time elapsed between the 1999 decision and implementation, and the fact that the 1999 motion does not specify in what cases on the record would be utilized, the current Board should review the decision and make its own determination and corresponding motion. Members of the DRB and staff will be on hand to present the pros and cons of "de novo" and "on the record". Included in your packet is a VLCT presentation that outlines the pros and cons of on the record and de novo reviews.
Requested Motion: To specify that all 24 VSA Chapter 117 DRB hearings be subject to "on the record" review beginning with all applications for DRB approval received on or after June 8, 2007.
11I. Robert's Rules of Order – "Out of Order"/"Chair's Responsibility/Authority". Attorney Fisher will present the Board with the "rules" associated with the Chair's responsibility when a board member's actions are deemed out of order.
Requested Motion:
12A. Town Manager Applications – Screening Committee. The Board will discuss the establishment of a screening committee to review Town Manager applications.
Requested Motion:
13A. Deputy Health Officer – Reappointment. Leonard Howard's position as Deputy Health Officer is up for reappointment. He has served admirably in this position for the past six years and staff highly recommends his reappointment.
Requested Motion: To recommend the reappointment of Leonard Howard as Brattleboro's Deputy Health Officer for another three-year term.
13B. DRB Appointments – It is anticipated that after interviewing candidates earlier in the evening, the Board will make appointments to the Development Review Board.
Requested Motion: To appoint two regular positions and three alternates to the Development Review Board.