Brattleboro Selectboard Agenda and Notes – January 8, 2019

Dozer the (Maybe) Dangerous Dog will be one of the first things the Brattleboro Selectboard takes up in the New Year, unless an agreement is reached prior to Tuesday’s meeting. The Police Chief plans to bring additional witnesses and evidence.

The board will also take up other big issues, such as remaining work on the Police-Fire Facilities project, the FY20 budget, changes to parking, and a Municipal Self Governance Proposal from the Vermont league of Cities and Towns. You may continue to bring up other items not on the agenda during public participation in 2019, as in past years.

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The Brattleboro Selectboard will hold a special meeting on Tuesday, January 8, 2019, in the Selectboard Meeting Room at the Municipal Center.  It is anticipated that the Board will enter into executive session at 5:15pm to discuss contracts, labor relations agreements with employees, and the employment or evaluation of a public officer or employee. The Board will reconvene the business meeting at 6:15pm.  ASL interpreters will be available for deaf and hard-of-hearing community members.

NOTE DATE CHANGE FOR JANUARY 15 SELECTBOARD MEETING:  The regular Selectboard meeting previously scheduled on January 15 has been RESCHEDULED to Tuesday, January 22, 2019 at 6:15pm in the Selectboard Meeting Room at the Municipal Center.

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 

TUESDAY, JANUARY 8, 2019 

SELECTBOARD MEETING ROOM, MUNICIPAL CENTER 

EXECUTIVE SESSION – 5:15PM 

SPECIAL MEETING – 6:15PM 

AGENDA 

1. CONVENE MEETING 

2. APPROVE MINUTES – December 11 and December 18, 2018 

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. Dangerous Dog Appeal – Continued from Meeting on December 4, 2018 

B. FY20 Budget – 

(i) Human Services Committee Recommendation to Representative Town Meeting 

(ii) Rooms and Meals Tax – Proposal to Use a Portion for Promoting Brattleboro 

(iii) Continued Review and Possible Approval of Selectboard’s Recommended FY20 Budget for Consideration at Representative Town Meeting on March 23, 2019 

10. NEW BUSINESS 

A. Ordinance Amendments – First Reading, re: Parking on Frost Street, in the Elm Street Lot, and in the Preston Lot 

B. West Brattleboro Fire Station (i) Accept Land Conveyance from Town School District (ii) Terminate Leases 

C. Police-Fire Facilities Project – Article(s) for Representative Town Meeting Warning (i) Recommendations for Final Project Expenditures 

(a) Police Station Roof 

(b) Police Station Carport 

(c) Digital Fire Alarm Receiver for Dispatch 

(d) Adjustment to Charge the Bond Fund for an Expenditure that was Previously Charged to Capital Fund 

(ii) Recommendation to Close-Out the Bond Fund 

D. Municipal Self-Governance Proposal from the Vermont League of Cities and Towns 

11. CORRESPONDENCE/FYI 

A. Warrants 

12. MEETINGS 

See enclosed Town Calendar 

13. ADJOURNMENT

MEMORANDUM 

To: Selectboard 

From: Peter B. Elwell, Town Manager 

Re: Administrative Report 

Date: January 4, 2019 

 

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The following will summarize the proposed motions for the Selectboard meeting on Tuesday, January 8, 2019. The Board will meet in executive session at 5:15pm to discuss contracts, labor relations agreements with employees, and the employment or evaluation 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 

9. UNFINISHED BUSINESS 

A. Dangerous Dog Appeal – Continued from Meeting on December 4, 2018 The Board will continue to hear the pending appeal, unless the dog owner and Town staff reach a settlement of this matter prior to the January 8 Selectboard meeting. In preparation for the potential of a continued hearing, the Selectboard’s notebooks include the same documentation that was provided prior to the commencement of the hearing on December 4 and also a letter dated 2 January 2019 from Police Chief Fitzgerald indicating that he intends to present additional witnesses and other evidence on January 8. 

POTENTIAL MOTION: TBD 

B. FY20 Budget – (i) Human Services Committee Recommendation to Representative Town Meeting (ii) Rooms and Meals Tax – Proposal to Use a Portion for Promoting Brattleboro (iii) Continued Review and Possible Approval of Selectboard’s Recommended FY20 Budget for Consideration at Representative Town Meeting on March 23, 2019 (i) The Human Services Review Committee recently provided its recommendations for the FY20 budget. A total of 25 agencies submitted timely applications requesting $181,300. The committee recommends funding in the amount of $147,300, an increase of $1,300 (or 0.9%) compared to FY19. A copy of the committee’s recommendations is included in the Board’s notebooks. Two agencies that were funded last year did not submit timely applications and, therefore, were not considered by the committee. One agency did not submit an application for FY20 funding.

POTENTIAL MOTION: TO ADD THE RECOMMENDATIONS OF THE HUMAN SERVICES REVIEW COMMITTEE TO THE WARNING FOR REPRESENTATIVE TOWN MEETING. 

(ii) The Brattleboro Area Chamber of Commerce and Downtown Brattleboro Alliance will request that the Selectboard add funding (equivalent to 10% of the revenue collected from the local option rooms and meals tax) to the FY20 budget for business promotion of Brattleboro. 

POTENTIAL MOTION: TBD 

(iii) The Board has discussed the proposed FY20 budget and received public input throughout the months of November and December. The proposed FY20 budget and related documents contained in the Board’s notebooks include all of the changes made by the Board throughout its discussions, as well as the additional $1,300 recommended by Representative Town Meeting’s Human Services Review Committee. During its discussion on January 8, the Board may identify additional pending budget matters or may approve the FY20 budget and add it to the warning for Representative Town Meeting for final approval. 

POTENTIAL MOTION: TO APPROVE THE FY20 PROPOSED BUDGET AS PRESENTED [or … AS MODIFIED] FOR THIS JANUARY 8 MEETING AND ADD IT TO THE WARNING FOR REPRESENTATIVE TOWN MEETING. 

10. NEW BUSINESS 

A. Ordinance Amendments – First Reading, re: Parking on Frost Street, in the Elm Street Lot, and in the Preston Lot The Board is asked to hold a first reading on amendments to the Code of Ordinances in order to add metered parking on Frost Street, modify the regulations and pricing for the Elm Street Parking Lot, and clarify the winter storm overnight parking rules for the Preston Parking Lot, all as set forth in the memorandum dated January 2, 2019, from Assistant Town Manager Moreland. 

NO ACTION IS REQUIRED ON THIS ITEM. 

B. West Brattleboro Fire Station (i) Accept Land Conveyance from Town School District (ii) Terminate Leases The Board is asked to accept a conveyance of land from the Brattleboro Town School District and to approve the termination of leases previously entered into by the School District and the Town, all in connection with the West Brattleboro Fire Station and surrounding grounds. The Warranty Deed and Termination of Leases documents are included in the Board’s notebooks. This will be the final Board action on this matter, which has been proceeded through the necessary legal and administrative processes in accordance with prior approvals from both the School Board and the Selectboard. 

POTENTIAL MOTION: TO ACCEPT THE PROPERTY AT 16 SOUTH STREET CONVEYED TO THE TOWN BY THE BRATTLEBORO TOWN SCHOOL DISTRICT, TO CANCEL THE LEASE AGREEMENTS WITH THE SCHOOL DISTRICT RELATED TO THAT SAME PROPERTY, AND TO AUTHORIZE THE TOWN MANAGER TO TAKE ALL OTHER ACTIONS NECESSARY TO COMPLETE THE CONVEYANCE OF THE PROPERTY AND THE CANCELLATION OF THE LEASES.

C. Police-Fire Facilities Project – Article(s) for Representative Town Meeting Warning (i) Recommendations for Final Project Expenditures (a) Police Station Roof (b) Police Station Carport (c) Digital Fire Alarm Receiver for Dispatch (d) Adjustment to Charge the Bond Fund for an Expenditure that was Previously Charged to Capital Fund (ii) Recommendation to Close-Out the Bond Fund The Board is asked to approve several staff recommendations to complete final elements of the Police-Fire Facilities Project and to close-out the Bond Fund for that project. The Board’s actions will be advisory to Representative Town Meeting (RTM) as RTM approval is required before any of the recommended actions can be implemented. All of the recommendations have been discussed previously at Selectboard meetings and Police-Fire Facilities Building Committee meetings, but new information is provided for some of the items. Details are provided in a memorandum (with attachments) dated January 3, 2019, from Town Manager Elwell, in the Selectboard’s notebooks. 

POTENTIAL MOTION: TO APPROVE THE FOLLOWING RECOMMENDATIONS FOR FINAL ACTION AT THE REPRESENTATIVE TOWN MEETING ON MARCH 23, 2019: 

1. TO AUTHORIZE THE EXPENDITURE OF APPROXIMATELY $100,000 TO REPLACE THE “HIGH ROOF” SECTION AT THE POLICE STATION AT 62 BLACK MOUNTAIN ROAD USING FUNDS FROM THE BONDS ISSUED IN FURTHERANCE OF REPRESENTATIVE TOWN MEETING’S APPROVAL OF THE PROJECT ON MARCH 12, 2016.

2. TO AUTHORIZE THE EXPENDITURE OF APPROXIMATELY $150,000 TO CONSTRUCT A CARPORT AT THE POLICE STATION AT 62 BLACK MOUNTAIN ROAD USING FUNDS FROM THE BONDS ISSUED IN FURTHERANCE OF REPRESENTATIVE TOWN MEETING’S APPROVAL OF THE PROJECT ON MARCH 12, 2016. 

3. TO AUTHORIZE THE EXPENDITURE OF APPROXIMATELY $33,000 TO PURCHASE A DIGITAL ALARM RECEIVER AND INSTALL IT AT THE POLICE STATION AT 62 BLACK MOUNTAIN ROAD USING FUNDS FROM THE BONDS ISSUED IN FURTHERANCE OF REPRESENTATIVE TOWN MEETING’S APPROVAL OF THE PROJECT ON MARCH 12, 2016. 

4. TO AUTHORIZE THAT AN EXPENDITURE OF $64,725 PAID ON AN INVOICE DATED OCTOBER 31, 2017, FROM GREEN MOUNTAIN COMMUNICATIONS, INC., BE CHARGED AGAINST THE BONDS ISSUED IN FURTHERANCE OF REPRESENTATIVE TOWN MEETING’S APPROVAL OF THE PROJECT ON MARCH 12, 2016. 

5. TO AUTHORIZE THAT UPON COMPLETION OF THE ABOVE ENUMERATED FOUR (4) ACTIONS, ANY REMAINING FUNDS FROM THE BONDS ISSUED IN FURTHERANCE OF REPRESENTATIVE TOWN MEETING’S APPROVALS ON OCTOBER 20, 2012, AND ON MARCH 12, 2016, BE TRANSFERRED TO THE CAPITAL FUND TO BE USED FOR FUTURE CAPITAL EXPENDITURES AT THE DISCRETION OF THE SELECTBOARD AND REPRESENTATIVE TOWN MEETING.

D. Municipal Self-Governance Proposal from the Vermont League of Cities and Towns The Board is asked to express the Town’s strong support for VLCT’s proposal, which will be submitted as a bill in the upcoming session of the Vermont State Legislature. The draft bill and additional background information from VLCT, along with a memorandum dated January 3, 2019, from Town Manager Elwell, are included in the Selectboard’s notebooks. 

POTENTIAL MOTION: TO EXPRESS STRONG SUPPORT FOR THE VERMONT LEAGUE OF CITIES AND TOWNS’ PROPOSAL TO THE VERMONT STATE LEGISLATURE TO CREATE A LIMITED SELF-GOVERNANCE PILOT PROGRAM FOR VERMONT MUNICPALITIES. 

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