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Brattleboro Selectboard Agenda and Notes - February 5, 2013    
Friday, February 01 2013 @ 01:34 PM GMT+4
Contributed by: cgrotke

Town NewsThe Chair and Vice Chair of the Selectboard could not agree about putting an item on this week’s agenda. This was to have been an item which would place on the Representative Town Meeting agenda a request of the Legislature to include a local-option sales or per-gallon tax on gasoline. The board will discuss whether to discuss it, but won’t discuss it, at Tuesday’s meeting.

The Town Manager hopes to rapidly move forward with the Police and Fire project by establishing a citizen committee for oversight of the project.

Will Brattleboro swap parking spaces with the Coop? Will the library get a new door? All this, plus grants, appointments, meeting scheduling and more at Tuesday night’s regular Brattleboro Selectboard meeting, held at the Municipal Center on Main Street. You can speak to other issues not on the agenda during Public Participation.

Attend in person or watch on BCTV, and catch full coverage here after the meeting.

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Selectboard Notes watchers will be intrigued to see a change in the presentation of information to the Selectboard.

Years ago, Selectboard members would sometimes vote against their own interests by not understanding what they were voting on. “Proposed Actions” were added to the meeting notes to make it easier for them to know what to do, or at least what the Town Manager would hope they would do.

About a month or so ago, we saw a change to the notes. Instead of using upper and lower case, THEY BEGAN TO BE YELLED (internet-wise) by being placed in ALL CAPS, making them harder to read, but more obvious as a block of text on the page.

This week, we note another change. The longstanding “Proposed Actions” has been softened to read “Potential Motion.” It retains the suggestions of the Town Manager as to what to do, but it is no longer a requested action.

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The Brattleboro Selectboard will meet on Tuesday, February 5, 2013 in the Selectboard meeting room at the Municipal Center.  It is anticipated that the Board will enter into executive session at 5:30pm to discuss a contractual matter, and reconvene the regular meeting at 6:15pm.

Jan Anderson
Executive Secretary
Brattleboro Town Manager's Office
(802) 251-8100

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BRATTLEBORO SELECTBOARD
TUESDAY, FEBRUARY 5, 2013
EXECUTIVE SESSION – 5:30PM CONTRACT
REGULAR MEETING - 6:15PM
AGENDA

1. CONVENE REGULAR MEETING

2. APPROVE MINUTES

3. CHAIR’S REMARKS

4. MANAGER’S COMMENTS

5. SELECTBOARD COMMITTEE REPORTS

6. PUBLIC PARTICIPATION

7. LIQUOR COMMISSIONERS

A. Special Event Permit – Saxtons River Distillery, LLC
B. Special Event Permit – McNeill Brewery
C. Art Gallery or Bookstore Permit for Malt or Vinous Servings – Discussion

8. WATER AND SEWER COMMISSIONERS None.

9. UNFINISHED BUSINESS

A. Police-Fire Facility – Formation of Citizen Committee, Mission Statement
B. Downtown Improvement District (DID)

10. NEW BUSINESS

A. FY12 Financial Audit - Discussion
B. Certificate of 2013 Highway Mileage, VTrans
C. CDBG Rehab Loan Fund - Windham & Windsor Housing Trust
D. Stockwell Park Path – Conservation Commission
E. Selectboard Goals - Review
F. Parking Agreement – Brattleboro Food Cooperative, Inc., Elm Street Lot
G. Ordinance Amendment – First reading, Appendix C, Art III, Section 16-110 (Off-Street Parking Meter Areas), (1) Elm Street Lot
H. Ratify Grant and Award Contract – GPI Contractors, Library Exterior Door Replacement
I. Accept and Appropriate Grant – Withington Crowell, Rec & Parks Dept.
J. Accept and Appropriate Grant – Withington West River Park, Rec & Parks Dept.
K. Accept and Appropriate Donation – C.E. Bradley Laboratories, Police Dept.
L. Accept and Appropriate Grant – Governor’s Highway Safety Program, Police Dept.
M. Committee Appointment – Energy Committee (3-year term ending June, 2013)
N. Agenda Item 2/19/13 -
O. Meeting Schedule – March 5, 2013 meeting Town Meeting Day
P. Schedule Informational Town Meeting – March 13 6:00pm

11. CORRESPONDENCE/FYI

A. Warrants
B. VY Quarterly Report

12. MEETINGS

See enclosed Town Calendar

13. ADJOURNMENT

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TO: Selectboard January 31, 2013
FROM: Barb Sondag, Town Manager
SUBJECT: Administrative Report

**********

The following will summarize the proposed motions for those items on the Agenda for the Tuesday, February 5, 2013 Selectboard Meeting. It is anticipated that the meeting will convene at 5:30pm for a executive session to discuss a contractual matter and that the regular meeting will begin at 6:15pm .

7. LIQUOR COMMISSIONERS-

A. Special Event Permit – Saxtons River Distillery, LLC Saxtons River Distillery, LLC is requesting a Special Event Permit to sell their product at the Harris Hill Ski Jump on February 16th and 17th from 10am until 5pm each day. Both the Fire and Police Chiefs have approved the application. Saxtons River Distillery has served at the event in the past without incident.

POTENTIAL MOTION: TO APPROVE THE SPECIAL EVENT PERMIT FOR SAXTONS RIVER DISTILLERY, LLC, 485 WEST RIVER ROAD FOR THE HARRIS HILL SKI JUMP ON FEBRUARY 16TH AND 17TH FROM 10AM UNTIL 5PM EACH DAY.

B. Special Event Permit – McNeill Brewery McNeill’s Brewery is requesting a Special Event Permit to sell their product at the Harris Hill Ski Jump on February 16th and 17th from 10am until 5pm each day. Both the Fire and Police Chiefs have approved the application. Saxtons River Distillery has served at the event in the past without incident.

POTENTIAL MOTION: TO APPROVE THE SPECIAL EVENT PERMIT FOR MCNEILL’S BREWERY, 22 BROWNE COURT, FOR THE HARRIS HILL SKI JUMP ON FEBRUARY 16TH AND 17TH FROM 10AM UNTIL 5PM EACH DAY.

C. Art Gallery or Bookstore Permit for Malt or Vinous Servings – Discussion Town Clerk Annette Cappy became aware of a new liquor permit – Art Gallery or Bookstore Permit for Malt or Vinous Servings. The new State permit allows operators of art galleries or bookstores to give or sell beer or wine for a daily fee of $15. Upon further investigation Annette has learned the following:

1. An art gallery or bookstore may apply for a permit to serve wine or beer for up to 6 hrs per event.
2. There is no limit on the number permits applied for.
3. It is a required that a staff member of the establishment have completed the training course offered by DLC. The course may be taken online and only the person or persons who have taken the course shall serve the alcohol. An outside bartender cannot be hired for the event.
4. There are no regulations pertaining to where the establishment purchases the alcohol.
5. Establishments may charge a fee for the drinks or offer them without charging.
6. DLC does not have a definition for “gallery”. Per Nicole, DLC will not make the determination of what constitutes a gallery. If an application is approved by the local commissioners, the fee is paid and the application is completed satisfactorily, it will be approved by DLC.

Staff would like the Board to provide some direction on how to proceed prior to issuing any permits. Does the Board wish to have a definition of gallery? (For instance does a store/shop showing art for Gallery Walk constitute a gallery?) Does the Board wish to limit the number of permits granted in a particular area on a particular day? Attorney Bob Fisher has been asked to weigh in on this discussion.

POTENTIAL MOTION: NONE

8. WATER/SEWER COMMISSIONERS – NONE

9. UNFINISHED BUSINESS –

A. Police-Fire Facility – Formation of Citizen Committee, Mission Statement The Board is asked to establish a Police-Fire Facility Building Committee and to seek candidates to sit on the committee. The mission of the ad hoc committee would be to provide financial and technical oversight to the Police-Fire Building Renovation/Addition Project. I am requesting that the committee consist of seven members and that Board member be appointed as an ex-officio member.

POTENTIAL MOTION: TO ESTABLISH AN AD HOC POLICE-FIRE FACILITY COMMITTEE WITH THE MISSION OF PROVIDING FINANCIAL AND TECHNICAL OVERSIGHT TO THE POLICE-FIRE BUILDING RENOVATION/ADDITION PROJECT AND THAT THE COMMITTEE CONSIST OF SEVEN MEMBERS AND AN EX-OFFICIO MEMBER OF THE SELECTBOARD.

B. Downtown Improvement District (DID) – The Board is asked to authorize the submittal of the renewal application of our Designated Downtown status with the Department of Economic, Housing and Community Development. The Town held a ballot vote with property owners regarding the continuation of the Special Assessment District, it has surveyed property and business owners in the District, and the Board has reviewed and accepted the Organization’s workplan and budget. By authorizing the application the Board is continuing BaBB as the Downtown Organization and is maintaining the existing District boundaries. Staff encourages the Board to authorize the application.

Changing the existing District boundaries has been discussed to a limited extent over the past several months. The memorandum prepared by Planning Director Rod Francis details both the process and decision points for changing boundaries. Staff has prepared a map that depicts an alternate district boundary. We believe that this new boundary – which expands the district to include parcels up to the Brattleboro Commons – is more representative of the actual downtown boundaries. The Board is asked to discuss the proposed boundary changes as well as the process by which boundaries are changed and to provide feedback to staff on whether to proceed with the process for changing the designation boundaries.

POTENTIAL MOTION: TO AUTHORIZE THE TOWN OF BRATTLEBORO TO SUMBIT THE APPLICATION TO THE DOWNTOWN BOARD OF THE VERMONT DEPARTMENT OF ECONOMIC, HOUSING, AND COMMUNITY DEVELOPMENT FOR THE RENEWAL OF OUR DISIGNATED DOWNTOWN STATUS.

10. NEW BUSINESS

A. FY12 Financial Audit – Discussion The Board is in receipt of the FY12 Annual Financial Audit. Finance Director John O’Connor will take the Board through the highlights of the report and answer any questions.

POTENTIAL MOTION: NONE

B. Certificate of 2013 Highway Mileage, VTrans The Board is asked to certify the highway mileage of roads for the year ending February 10, 2013. This certification is used by the State to determine the Town’s share of state aid for town highways. (The Town receives over $200,000 in State aid each year.) Although the Board is certifying the mileage on February 5 for the period ending February 10, staff does not anticipate a change in mileage to occur between those dates.

POTENTIAL MOTION: TO APPROVE THE CERTIFICATE OF HIGHWAY MILEAGE FOR THE PERIOD ENDING FEBRUARY 10, 2013.

C. CDBG Rehab Loan Fund - Windham & Windsor Housing Trust Representatives from the Windham & Windsor Housing Trust will come before the Board requesting that the Town of Brattleboro become the lead applicant for the Community Development Block Grant for the Housing Trust’s Rehabilitation Loan Fund (RLF). The RLF has been in existing for eight years and offers homeowners access to low-cost or deferred loans to make critical home repairs (ie furnaces, roofs, accessibility improvements, etc). With over 183 projects in 33 towns this has been a successful project and I am excited to be asked to assist with the project. John O’Connor worked in Rockingham when they served as the lead applicant and has confirmed that WWHT does the great majority of the administration and operation of the program. I strongly encourage the Board to approve the request.

POTENTIAL MOTION: TO ACCEPT THE REQUEST THAT BRATTLEBORO SERVE AS LEAD APPLICANT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE WINDHAM AND WINDSOR HOUSING TRUST’S REHABILITATION LOAN FUND.

D. Stockwell Park Path – Conservation Commission Representatives from the Conservation Commission will come before the Board to request support of the Commission’s work to develop a trail from Western Avenue to Greenleaf Street though the Stockwell Park. Work on this trail connection began in 2010.

POTENTIAL MOTION: TO SUPPORT THE CONSERVAITON COMMISSION’S EFFORTS TO CREATE A TRAIL FROM WESTERN AVENUE TO GREENLEAF STREET THROUGH STOCKWELL PARK.

E. Selectboard Goals – Review As this Board’s term comes to a close, the Board will review its progress on reaching the goals it established last April.

POTENTIAL MOTION: NONE

F. Parking Agreement – Brattleboro Food Cooperative, Inc., Elm Street Lot The Board is asked to approve an agreement swapping the fifteen Brattleboro Food Coop reserved spaces in the Preston Lot for fifteen spaces in the Elm Street Lot. In 2003 the original fifteen spaces were conveyed to the Coop in exchanged for land utilized for the Whetstone Pathway.

POTENTIAL MOTION: TO APPROVE THE AGREEMENT BETWEEN THE TOWN OF BRATTLEBORO AND THE BRATTLEBORO FOOD COOP EXCHANGING FIFTEEN PARKING SPACES IN THE PRESTON LOT FOR FIFTEEN SPACES IN THE ELM STREET LOT AND TO AUTHORIZE THE TOWN MANAGER TO SIGN THE AGREEMENT.

G. Ordinance Amendment – First reading, Appendix C, Art III, Section 16-110 (Off-Street Parking Meter Areas), (1) Elm Street Lot If the Board approves the parking agreement between the Town and the Brattleboro Food Coop, the Board will be asked to hold a first reading of an ordinance amendment required to finalize the agreement.

POTENTIAL MOTION: NONE

H. Ratify Grant and Award Contract – GPI Contractors, Library Exterior Door Replacement Library Director Jerry Carbone has been working very hard and long on the capital project to replace the exterior doors at the entrance of the Brooks Memorial Library. While a seemingly simply project, the engineering of the doors and subsequent construction bidding has been very difficult. The project costs have increased and we found ourselves under-budgeted by approximately $15,000. To fill the funding gap Jerry requested approval from USDA to redirect a $13,500 grant, originally intended to purchase a microfiche machine, to the door project. USDA has agreed to redirect the funds. (Jerry will now seek other grant sources to purchase the microfiche machine.) The Board is asked to ratify the USDA grant towards its new purpose and to award the construction project to GPI Contractors at a cost of $35,761.

POTENTIAL MOTION: TO RATIFY A $13,500 COMMUNITY FACILITIES GRANT FROM THE USDA RURAL DEVELOPMENT TO REPLACE THE LIBRARY EXTERIOR DOORS AND TO MEET THE REQUIRED MATCH TO COMPLETE THE PROJECT FO $28,221 FROM THE CAPITAL FUND AND TO AWARD THE CONTRACT TO GPI CONTRACTORS AT AN AMOUNT NOT TO EXCEED $35,761.

I. Accept and Appropriate Grant – Withington Crowell, Rec & Parks Dept. The Board is asked to accept and appropriate a $12,000 grant from the Withington Fund of the Vermont Community Foundation to pay for maintenance and repairs of the tennis and basketball courts at Crowell Lot and Living Memorial Park.

POTENTIAL MOTION: TO ACCEPT AND APPROPRIATE A $12,000 GRANT FROM THE WITHINGTON FUND OF THE VERMONT COMMUNITY FOUNDATION TO PAY FOR MAINTENANCE AND REPAIRS OF THE TENNIS AND BASKETBALL COURTS AT CROWELL LOT AND LIVING MEMORIAL PARK.

J. Accept and Appropriate Grant – Withington West River Park, Rec & Parks Dept. The Board is asked to accept and appropriate a $40,000 grant from the Withington Fund of the Vermont Community Foundation to pay a field tractor, maintenance building and exterior lighting at the West River Park.

POTENTIAL MOTION: TO ACCEPT AND APPROPRIATE A $40,000 GRANT FROM THE WITHINGTON FUND OF THE VERMONT COMMUNITY FOUNDATION TO PAY FOR A FIELD TRACTOR, MAINTENANCE BUILDING AND EXTERIOR LIGHTING AT THE WEST RIVER PARK.

K. Accept and Appropriate Donation – C.E. Bradley Laboratories, Police Dept. The Board is asked to accept and appropriate a $2,000 donation from C.E. Bradley Laboratories to be placed in the Police Department equipment line item.

POTENTIAL MOTION: TO ACCEPT AND APPROPRIATE A $2,000 DONATION FROM C.E. BRADLEY LABORATORIES TO BE PLACED IN THE POLICE DEPARTMENT EQUIPMENT LINE ITEM.

L. Accept and Appropriate Grant – Governor’s Highway Safety Program, Police Dept. The Board is asked to accept and appropriate a $2,500 Governor’s Highway Safety Program grant through the Vermont Department of Public Safety for the purpose of purchasing four alco-sensor instrument sets.

POTENTIAL MOTION: TO ACCEPT AND APPROPRIATE A $2,500 GOVERNOR’S HIGHWAY SAFETY PROGRAM GRANT THROUGH THE VERMONT DEPARTMENT OF PUBLIC SAFETY FOR THE PURPOSE OF PURCHASING FOUR ALCO-SENSOR INSTRUMENT SETS.

M. Committee Appointment – Energy Committee The Board is asked to appoint Chad Simmons to the Energy Committee to complete a three-year term ending June 30, 2013.

POTENTIAL MOTION: TO APPOINT CHAD SIMMONS TO THE ENERGY COMMITTEE TO COMPLETE A THREE-YEAR TERM ENDING JUNE 30, 2013.

N. Agenda Item 2/19/13 – As per the Board’s Rules of Conduct if the Chair and Vice-Chair are unable to agree on whether an issue is placed on an upcoming Selectboard agenda, an item to decide only whether to place the issue on an upcoming meeting agenda is placed on the next Board meeting agenda. The Board is asked to decide whether the following request should be placed on the February 19, 2013 agenda. (Discussion of this item is limited to whether or not to place it on the future agenda.) To place on the agenda a request of the Legislature to include a local-option sales or per-gallon tax on gasoline.

POTENTIAL MOTION: TO PLACE ON THE FEBRUARY 19, 2013 AGENDA AN ITEM TO REQUEST THE STATE LEGISLATURE TO INCLUDE A LOCAL-OPTION SALES OR PER-GALLON TAX ON GASOLINE.

O. Meeting Schedule – March 5, 2013 meeting Town Meeting Day The first meeting of the Selectboard in March is March 5, the same day as Town Meeting. The Board is asked to determine whether they will hold a regular meeting on that day.

POTENTIAL MOTION: NONE

P. Informational Town Meeting – March 13 6:00pm The Board is asked to schedule an Informational Meeting for Representative Town Meeting on March 13, 2013 at 6:00pm at Academy School.

POTENTIAL MOTION: NONE

 

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