Brattleboro Selectboard Agenda and Notes – June 18, 2013

Overpriced ice rink compressors will be a topic of conversation at the next regular Tuesday meeting of the Brattleboro Selectboard. The single bid received for fixing the ice rink came in more than $100,000 over what was anticipated to be a $364,000 project, and the Town can’t afford a $471,000 price tag, says the Finance Director.

The Town also plans to purchase a new dump truck and brush chipper, BaBB will give the board a status update, Brooks House owners Mesabi, Inc. will return to ask for an additional $50,000 in loans from the Town of Brattleboro, and much more. Tune in to watch on BCTV, attend in person at the Municipal Center, and read full coverage here the day after.

The Brattleboro Selectboard will meet on Tuesday, June 18, 2013 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 a contract matter, and reconvene the business meeting at 6:15pm.

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

BRATTLEBORO SELECTBOARD
TUESDAY, JUNE 18, 2013
EXECUTIVE SESSION – 5:45PM
REGULAR MEETING – 6:15PM
AGENDA

1. CONVENE REGULAR MEETING
2. APPROVE MINUTES, May 30 and June 4
3. CHAIR’S REMARKS
4. MANAGER’S COMMENTS
5. SELECTBOARD COMMENTS AND COMMITTEE REPORTS
6. PUBLIC PARTICIPATION

7. LIQUOR COMMISSIONERS
A. First Class Liquor License and Outside Consumption Permit – Dandelion & Sage Restaurant

8. WATER AND SEWER COMMISSIONERS
A. WWTP – Monthly Report from Hoyle Tanner
B. WWTP – Monthly Financial Report

9. UNFINISHED BUSINESS – None

10. NEW BUSINESS
A. Financial Report – Monthly Report
B. Department Report – Finance and Treasury
C. Circus Permit – Circus Smirkus
D. Grant Application – DPW, Washington Street Retaining Wall
E. Award Bid – Brush Chipper, DPW
F. Award Bid – Dump Truck, DPW
G. Building a Better Brattleboro (BaBB) – Status update
H. Skating Rink Compressor – Discussion
I. Approve Additional Loan Funds – Mesabi, Inc
J. Approve Intercreditor Agreements – Mesabi, Inc.
K. Public Service Board Waiver – WE 90 Technology Drive, LLC
L. Business Personal Property – Late Fines
M. Accept and Appropriate Grant – Library Services & Technology Assistance
N. Grant Application – JAG
O. Committee Appointments
P. Discuss Summer Schedule

11. CORRESPONDENCE/FYI
A. Warrants
B. Department Monthly Reports

12. MEETINGS
See enclosed Town Calendar

13. ADJOURNMENT

TO: Selectboard June 12, 2013
FROM: Patrick Moreland, Assistant own Manager
SUBJECT: Administrative Report

The following will summarize the proposed motions for those items on the Agenda for the Tuesday, June 18, 2013 Selectboard Meeting. It is anticipated that the Board will enter into executive session at 5:45pm to discuss a contract matter. The business meeting will be reconvened at 6:15pm.

7. LIQUOR COMMISSIONERS
A First Class Liquor License and Outside Consumption Permit – Dandelion & Sage Restaurant The Board is asked to approve a First Class Liquor License for Dandelion & Sage LLC, d/b/a Dandelion & Sage at 889 Putney Road. Erin Lynde-Tyler is in the process of purchasing the restaurant business at the Colonial Motel. Ms Lynde-Tyler will be at the Board meeting and the applications have been approved by the Police and Fire Departments. The establishment has an enclosed patio area. There are no outstanding debts to the Town.

POTENTIAL MOTION: TO APPROVE FIRST CLASS LIQUOR LICENSE AND OUTSIDE CONSUMPTION PERMIT FOR DANDELION & SAGE LLC, D/B/A DANDELION & SAGE AT 889 PUTNEY ROAD.
8. WATER AND SEWER COMMISSIONERS

A. WWTP – Monthly Report and Change Summary The Board is in receipt of the monthly Wastewater Treatment Plant Upgrade Project progress report from Hoyle Tanner. Work continues on a number of fronts, including: installation of soapy foam insulation on the digesters; gas safety equipment; start up and testing of the Mesophillic Digester #1 and Pump Gallery; and additional work at the number of other building at the WWTP site. PC Construction continues to demobilize and has begun to clean up and landscape. As of May 31, approximately 115% of the project contract time had elapsed, and nearly, but not all, of the work has been completed. PC Construction estimates that final completion at the WWTP should occur in July. Discussions continue between Hoyle Tanner, PC Construction and the Town about change orders that have not been approved and the potential for liquidated damages.

The following change orders at the WWTP have been approved by the Director of Public Works, Steve Barrett.

1. Exterior Stair nosing Replacement +$2,992 +2 days
2. SSTL Roof Scupper -$3,188
3. Paint -$1,157
4. Waste Gas Burner Pipe Orientation +$3,000 +10 days
5. Front Entrance Sign +1,344
Total +$2,991 +12 days

PROPOSED MOTION: TO APPROVE PROJECT CHANGES AS OUTLINED IN THE MEMO FROM HOYLE TANNER & ASSOCIATES FOR A TOTAL OF $2,991 AND 12 CONTRACT DAYS AND TO AUTHORIZE THE TOWN MANAGER TO SIGN ANY CORRESPONDING CHANGE ORDERS.

Work continues at the Spring Tree Pump Station. As of the end of May, 75% of the project contract time has elapsed, and 63% of the contract value has been completed. The following change order has been approved by the Director of Public Works, Steve Barrett.

1. 12” Gravel Base -$3,000

PROPOSED MOTION: TO APPROVE A PROJECT CHANGE AS OUTLINED IN THE MEMO FROM HOYLE TANNER & ASSOCIATES FOR -$3,000 AND TO AUTHORIZE THE TOWN MANAGER TO SIGN ANY CORRSPONDING CHANGE ORDER.

B. WWTP – Monthly Financial Report

9. UNFINISHED BUSINESS – None.

10. NEW BUSINESS

A. Monthly Financial Report – Finance Director John O’Connor will update the Board.

POTENTIAL MOTION: NONE

B. Department Report – Finance and Treasury Departments. Finance Director John O’Connor will discuss the operations of the department with the Board.

POTENTIAL MOTION: NONE

C. Circus Permit – Circus Smirkus The Board is asked to approve a circus permit for Circus Smirkus. The circus will be held at the Vermont Agricultural Business Education Center at 157 Old Guilford Road on July 16 and 17 between the hours of 1pm and 7pm. Approximately 750 people are expected to attend the event. The application has been reviewed and approved by all departments.

POTENTIAL MOTION: TO APPROVE A CIRCUS PERMIT FOR CIRCUS SMIRKUS FOR JULY 16 AND JULY 17, BETWEEN THE HOURS OF 1PM AND 7PM AT THE VT AGRICULTURAL BUSINESS EDUCATION CENTER AT 157 OLD GUILFORD ROAD.

D. Grant Application – DPW, Washington Street Retaining Wall The Board is asked to approve a grant application to the Vermont Agency of Transportation for $164,700. As the Board will recall the retaining wall at Washington Street has collapsed and is in need of immediate repair. The Department of Public Works and the Agency of Transportation have identified a potential source of support from unspent FY 13 Structures Grant program funds. The Department of Public Works is working with a local contractor to refine the overall project scope and refine the final budget. At this time the project is estimated to cost $183,300, and the Structures Grant program requires a match of 10%. The administration continues to examine how best to secure the necessary match from unspent funds budgeted for this fiscal year.

POTENTIAL MOTION: TO APPROVE A GRANT APPLICATION TO THE VERMONT AGENCY OF TRANSPORTATION IN THE AMOUNT OF $164,700.

E. Award Bid – Brush Chipper The Department of Public Works has received bids for a trailer mounted, diesel powered, drum style chipper. A total $53,000 was set aside for the chipper in the FY14 capital budget. Two bids were received and the attached memo from Public Works Director Steve Barrett provides his recommendation that the Board accept the bid of ABE Lewis Equipment.

POTENTIAL MOTION: TO ACCEPT THE BID FROM ABE LEWIS EQUIPMENT FOR A TRAILER MOUNTED, DIESEL POWERED, DRUM STYLE CHIPPER, FOR THE SUM OF $43,568.

F. Award Bid – Dump Truck The Department of Public Works has received bids for a 66,000 GVWR heavy duty, tandem axle dump truck with a 14 yard dump body package. A total of $208,000 was set aside for this purchase in the FY 14 capital budget. Several bids were received and several body package options were offered, however not every bid met with the complete set of bid specifications. The attached memo from public Works Director Steve Barrett provides his recommendation that the Board accept the bid from Delurey Sales & Service, and specifically recommends the use of the HP Fairfield body package, for a total of $206,869.

POTENTIAL MOTION: TO ACCEPT THE BID FROM DELUREY SALES & SERVICE FOR A 66,000 GVWR HEAVY DUTY, TANDEM AXLE, DUMP TRUCK WITH THE 14 YARD HP FAIRFIELD BODY PACKAGE FOR THE SUM OF $206,869.

G. Building a Better Brattleboro (BABB) – Status Update Board President, Donna Simons, will be present to discuss the organizations ongoing efforts and accomplishments at the close of fiscal year 2013. .

POSSIBLE MOTION: NONE

H. Skating Rink Compressors – Discussion After hiring IB Storey to establish the scope of work, prepare cost estimates and develop bid documents to replace compressors at the Nelson Withington Skating Rink, the Town put this project out to competitive bid. While the estimated expense for this project was $364,000, the Town received a single qualifying bid in the amount of $471,000. Recreation & Parks Director, Carol Lolatte, is communicating with IB Storey to seek explanation for what appears to be a significant miscalculation in the project estimate. Ms. Lolatte will update the Board on any potential new sources of financial support, and to identify any project elements that could be eliminated in an effort to reduce costs. As you will recall, the Board approved the use of borrowed unassigned funds from the general fund, paid back using user fees over a period of 20 years. Finance Director, John O’Connor, does not believe that the user fees which support the Skating Rink Improvement Fund could realistically support the additional debt, at least not at their current levels.

POSSIBLE MOTION: TBD

I. Approve Additional Loan Funds – Mesabi Inc. – The Board previously approved a loan to Mesabi Inc, in the amount of $100,000 to assist with the Brooks house redevelopment project. The Board is now asked to consider an increase in the loan amount by $50,000, for a total of $150,000. The funds would come from Program Income, which are CDBG funds that originated to the Town as loans and the funds have since been repaid. The Town is allowed to retain a certain percentage of these loan repayments, and those dollars are the source for this request.

POTENTIAL MOTION: TO APPROVE A $50,000 INCREASE TO THE LOAN PREVIOUSLY AUTHORIZED ON 5-21-13 TO MESABI INC,

J. Intercreditor Agreements – Mesabi Inc. – The Board is asked to approve two intercreditor and subordination agreements for the redevelopment of the Brooks House. The agreements document Brattleboro’s understanding and acceptance of our position in the line of debt holders, relative to that of the other creditors.

POTENTIAL MOTION: TO APPROVE THE TWO INTERCREDITOR AND SUBORDINATION AGREEMENTS IN ASSOCIATION WITH THE BROOKS HOUSE REDEVELOPMENT, AND TO AUTHORIZE THE TOWN MANAGER TO SIGN THE AGREEMENTS.

K. Public Service Board Waiver – WE 90 Technology Drive, LLC – Discussion The Board is in receipt of correspondence from WE Technology Drive LLC (WE) which notifies the Board of WE’s intent to file a petition for a Certificate of Public Good (CPG) with the Public Service Board (PSB). WE also seeks the granting of a waiver for the 45 day notice period (prior to submission of the petition to the PSB) from the Selectboard. The Brattleboro Planning Commission and the Windham Regional Planning Commission received the same correspondence. If all three parties were to agree to waive the 45 day notice period, the applicant could bring forward the submission date of their petition. However, it appears the policy of the WRC is to decline the waiver for most new projects and use the time to collect public input and make comments to the petitioner prior to the opening of the formal PSB process where local and regional planning commissions must establish intervener status. Similarly, if the Board chooses to comment, doing so before the conclusion of the 45 day notice period relieves the Town of having to justify its standing on the matter during the future hearing. .

POTENTIAL MOTION: NONE

L. Business Personal Property – Late Fines The Department of Assessment has compiled a list of 27 businesses that have failed to file a Business Personal Property Form for 2013. Notification letters were initially sent in early March, indicating that a filling was required by April 10. Additional notifications were sent out in April, and again in May. The Board is asked to approve a fine of $100 to be assessed on all non-filing businesses identified on the list in the memo from Russell Rice.

POTENTIAL MOTION: TO IMPOSE A FINE O $100 FOR BUSINESSES IDENTIFIED BY THE DEPARTMENT OF ASSESSMENT AS HAVING FAILIED TO FILE A BUSINESS PERSONAL PROPERTY FORM FOR 2013.

M. Accept and Appropriate Grant – Vermont Department of Libraries The Board is asked to accept a grant from the Vermont Department of Libraries, in the amount of $2,184 for the purpose of supporting the Interlibrary Loan Program.

POTENTIAL MOTION: TO ACCEPT AND APPROPRIATE A GRANT FROM THE VERMONT DEPARTMENT OF LIBRARIES, IN THE AMOUNT OF $2,184, TO SUPPORT THE INTERLIBRARY LOAN PROGRAM.

N. Grant Application – JAG The Board is asked to approve a grant application for the Brattleboro Police Department to the Edward Byrne Memorial grant from the Justice Assistance Grant (JAG) in the amount of $19,960. The funds will be used to assess additional communications needs after the recent mandatory switchover to narrow band radios, and to purchase radios and repeaters.

POTENTIAL MOTION: TO APPROVE A GRANT APPLICATION FOR AN EDWARD BYRNE GRANT FROM THE JUSTICE ASSISTANCE GRANT PROGRAM IN THE AMOUNT OF $19,960 TO BE USED TO IMPROVE RADIO COMMUNICATIONS.
O. Committee Appointments It is anticipated that the Board will make additional committee appointments.

POTENTIAL MOTION: TBD

P. Discuss Summer Schedule – It is anticipated that the Board will discuss the summer schedule. 

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