Brattleboro Selectboard Agenda and Notes – March 5, 2019

Water & Sewer issues will be the bulk of the Brattleboro Selectboard’s next meeting. They’ll talk about rates, repairs, reservoirs, energy use, odors, and improvements.

They’ll also approve liquor licenses, announce committee vacancies, apply for a grant and more. You can add other items during Public Participation.

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The Brattleboro Selectboard will meet on Tuesday, March 5, 2019, in the Selectboard Meeting Room at the Municipal Center. It is anticipated that the Board will enter into executive session at 6:00pm to discuss negotiation of a real estate purchase or lease, and then reconvene the regular business meeting at 6:15pm. ASL interpreters will be available for deaf and hard-of-hearing community members.

Jan Anderson

Executive Secretary

Brattleboro Town Manager’s Office

230 Main Street, Suite 208

Brattleboro, VT 05301

(802) 251-8100

BRATTLEBORO SELECTBOARD

TUESDAY, MARCH 5, 2019

SELECTBOARD MEETING ROOM, MUNICIPAL CENTER

EXECUTIVE SESSION – 6:00PM

REGULAR MEETING – 6:15PM

AGENDA

1. CONVENE REGULAR MEETING

2. APPROVE MINUTES – February 19

3. CHAIR’S REMARKS

4. MANAGER’S COMMENTS

5. SELECTBOARD COMMENTS AND COMMITTEE REPORTS

6. PUBLIC PARTICIPATION

7. LIQUOR COMMISSIONERS

A. Second Class Liquor Application/License – Kimberly Ann Ashcroft, d/b/a Coopers Coop on the Avenue, LLC (i) Application for License Year Ending April 30 (ii) Renewal of License (if approved) for License Year Beginning May 1

B. Second Class Liquor Application/License – Summit Stores, LLC, d/b/a Summit Store #7 (i) Application for License Year Ending April 30 (ii) Renewal of License (if approved) for License Year Beginning May 1

8. WATER AND SEWER COMMISSIONERS

A. Appeal of Water and Sewer Bill – J.W. Matthews, 118 High Street

B. Hinsdale Bridge Project – Engineering Agreement for Final Design of Water and Sewer Improvements

C. Chestnut Hill Reservoir Project – Construction Phase Engineering Agreement

D. Odor Control at the Wastewater Treatment Facilities – Update

E. Energy Efficiency at the Wastewater Treatment Facilities – Update

F. Main Street Water Lines – Recent Major Break and Recommended Follow-Up Project

G. Review of Water and Sewer Rates – Discussion to Prepare for Upcoming Rate Ordinance

9. UNFINISHED BUSINESS

A. Ordinance Amendment – Second Reading and Public Hearing, Chapter 7 (Ordinance Regulating Solid Waste)Section 2 (Regulating Single-Use Plastic Bags) Article IV (Exemptions to General Prohibition)

10. NEW BUSINESS

A. Applications for Law Enforcement Education Foundation Grants – Fire Department (i) Ballistic Helmet Grant (ii) Tactical Combat Casualty Care Training Grant

B. Announce Committee Vacancies

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: March 1, 2019

————-

The following will summarize the proposed motions for the Selectboard meeting on Tuesday, March 5, 2019. The Board will meet in executive session at 6:00pm to discuss the negotiation of a real estate purchase or lease. The Board will reconvene the business meeting at 6:15pm in the Selectboard Meeting Room.

7. LIQUOR COMMISSIONERS

A. Second Class Liquor Application/License – Kimberly Ann Ashcroft, d/b/a Coopers Coop on the Avenue, LLC (i) Application for License Year Ending April 30 (ii) Renewal of License (if approved) for License Year Beginning May 1 (i) The Board is asked to approve a second class liquor license application for Kimberly Ann Ashcroft, d/b/a Coopers Coop on the Avenue LLC, located at 82 Western Avenue, for the remainder of the license year (until April 30, 2019). The applicant purchased the property where Avenue Grocery was previously located. (ii) If the Board approves the second class liquor license for the license year ending April 30, the Board is also asked to renew the license for the new license year that will begin on May 1, 2019, subject to the conditions that the 2018 license is approved by the Department of Liquor Control (DLC) and that the business submits all necessary documents required for the renewal.

POTENTIAL MOTION: TO APPROVE (1) A SECOND CLASS LIQUOR LICENSE FOR KIMBERLY ANN ASHCROFT, D/B/A COOPERS COOP ON THE AVENUE LLC, LOCATED AT 82 WESTERN AVENUE FOR THE REMAINDER OF THE 2018 LIQUOR LICENSE YEAR, AND (2) RENEWAL OF THE SECOND CLASS LIQUOR LICENSE FOR KIMBERLY ANN ASHCROFT, D/B/A COOPERS COOP ON THE AVENUE LLC, LOCATED AT 82 WESTERN AVENUE FOR THE LIQUOR LICENSE YEAR BEGINNING MAY 1, 2019, WITH CONDITIONS AS PRESENTED.

B. Second Class Liquor Application/License – Summit Stores, LLC, d/b/a Summit Store #7 (i) Application for License Year Ending April 30 (ii) Renewal of License (if approved) for License Year Beginning May 1 (i) The Board is asked to approve a second class liquor license application for Summit Stores LLC, d/b/a Summit Store #7, located at 1114 Putney Road, for the remainder of the license year (until April 30, 2019). Summit Stores LLC purchased the business formerly known as Brattleboro Mobil, located at 1114 Putney Road. (ii) If the Board approves the second class liquor license for the license year ending April 30, the Board is also asked to renew the license for the new license year that will begin on May 1, 2019, subject to the conditions that the 2018 license is approved by the Department of Liquor Control (DLC) and that the business submits all necessary documents required for the renewal.

POTENTIAL MOTION: TO APPROVE (1) A SECOND CLASS LIQUOR LICENSE FOR SUMMIT STORES LLC, D/B/A SUMMIT STORE #7, LOCATED AT 1114 PUTNEY ROAD, FOR THE REMAINDER OF THE 2018 LIQUOR LICENSE YEAR, AND (2) RENEWAL OF THE SECOND CLASS LIQUOR LICENSE FOR SUMMIT STORES LLC, D/B/A SUMMIT STORE #7, LOCATED AT 1114 PUTNEY ROAD, FOR THE LIQUOR LICENSE YEAR BEGINNING MAY 1, 2019, WITH CONDITIONS AS PRESENTED.

8. WATER AND SEWER COMMISSIONERS

A. Appeal of Water and Sewer Bill – J.W. Matthews, 118 High Street The Board is asked to hear the appeal of the most recent utility bill for 118 High Street. The property owner will attend the meeting to present his appeal. For consistency and equity among utility system customers and for other reasons set forth in detail in the materials included in the Selectboard’s notebooks for this meeting, staff recommends that the Selectboard uphold the decision of the Public Works Department to require full payment of the bill that is being appealed.

POTENTIAL MOTION: TO UPHOLD THE DECISION OF THE PUBLIC WORKS DEPARTMENT TO REQUIRE FULL PAYMENT OF THE MOST RECENT UTILITY BILL FOR 118 HIGH STREET.

B. Hinsdale Bridge Project – Engineering Agreement for Final Design of Water and Sewer Improvements The Board is asked to approve an engineering agreement with Dufresne Group for final design of the water and sewer improvements to be constructed on Vernon Street in conjunction with the Hinsdale Bridge Project. The cost of this engineering contract will be reimbursed by the State of Vermont in accordance with an agreement approved by the Selectboard in September of 2018.

POTENTIAL MOTION: TO AUTHORIZE THE TOWN MANAGER TO EXECUTE AN ENGINEERING AGREEMENT WITH DUFRESNE GROUP FOR FINAL DESIGN OF THE WATER AND SEWER IMPROVEMENTS TO BE CONSTRUCTED ON VERNON STREET IN CONJUNCTION WITH THE HINSDALE BRIDGE PROJECT.

C. Chestnut Hill Reservoir Project – Construction Phase Engineering Agreement The Board is asked to approve an agreement with DuBois Engineering for construction phase engineering services on the Chestnut Hill Reservoir Project in an amount not to exceed $29,164. There is a decade-long history to this project which is summarized in a memorandum dated February 11, 2019, from Public Works Director Steve Barrett.

POTENTIAL MOTION: TO AUTHORIZE THE TOWN MANAGER TO EXECUTEAN AGREEMENT WITH DUBOIS ENGINEERING FOR CONSTRUCTION PHASE ENGINEERING SERVICES ON THE CHESTNUT HILL RESERVOIR PROJECT IN AN AMOUNT NOT TO EXCEED $29,164.

D. Odor Control at the Wastewater Treatment Facilities – Update The Board will receive a report from Public Works Director Barrett regarding the recently completed odor control study. The study’s findings and recommendations are summarized in a memorandum dated February 4, 2019, from DPW Director Barrett, and a complete copy of the study is posted on the Town’s website. This item is just informational for the March 5 Selectboard meeting. Staff will include funding for one recommended capital project and for additional lower cost operational improvements in the FY20 Utility Fund Budget that staff will propose in April.

NO ACTION IS REQUIRED ON THIS ITEM.

E. Energy Efficiency at the Wastewater Treatment Facilities – Update The Board will receive a report from Public Works Director Barrett regarding the energy efficiency study that was completed in 2017 and reviewed with the Energy Committee in 2018. The study’s findings and recommendations are summarized in a memorandum dated February 4, 2019, from DPW Director Barrett, and a complete copy of the study is posted on the Town’s website. This item is just informational for the March 5 Selectboard meeting. Staff has already implemented many of the study’s recommendations and will continue to do so in the future. Most of these actions are operational changes or low cost equipment changes. Anything with a more significant cost will be highlighted when staff presents its proposed FY20 Utility Fund Budget in April.

NO ACTION IS REQUIRED ON THIS ITEM.

F. Main Street Water Lines – Recent Major Break and Recommended Follow-Up Project The Board will receive a report from Public Works Director Barrett regarding the water line break that occurred last month on Main Street and will be asked to authorize staff to expedite a project to replace and upgrade approximately 300 feet of water main on Main Street (replacing a pipe that was installed more than 130 years ago) along with control valves that will enable DPW utility crews to isolate sections of water main on Main Street and High Street more quickly and effectively.

POTENTIAL MOTION: TO AUTHORIZE TOWN STAFF TO EXPEDITE REPLACEMENT OF APPROXIMATELY 300 FEET OF WATER LINE BETWEEN 129 MAIN STREET AND 181 MAIN STREET, INCLUDING NEW CONTROL VALVES, AS PRESENTED.

G. Review of Water and Sewer Rates – Discussion to Prepare for Upcoming Rate Ordinance The Board is asked to maintain the current water and sewer rates with no change for 2019-2020. The reasons for this staff recommendation are set forth in a memorandum dated February 28, 2019, from Town Manager Elwell. If the Board agrees that there will be no rate increase this year, staff will bring forward an amendment to Chapter 18 (Water and Sewers) of the Town’s Code of Ordinances for first reading on April 2 and for subsequent second reading, public hearing, and final adoption.

NO ACTION IS REQUIRED ON THIS ITEM.

9. UNFINISHED BUSINESS

A. Ordinance Amendment – Second Reading and Public Hearing, Chapter 7 (Ordinance Regulating Solid Waste) Section 2 (Regulating Single-Use Plastic Bags) Article IV (Exemptions to General Prohibition) The Board is asked to hold a second reading and public hearing on an amendment to Chapter 7 of the Code of Ordinances that would provide an exemption to the single use plastic bag ban to allow the use of plastic bags to protect artwork and art supplies that merchants sell to customers. This is in furtherance of the Board’s consideration of concerns brought forth by John Clements of Zephyr Designs during the Selectboard meeting on January 22, 2019, and the first reading on the amendment which was held at the Selectboard meeting on February 19, 2019.

POTENTIAL MOTION: TO APPROVE THE PROPOSED ORDINANCE AMENDMENT, AS PRESENTED.

10. NEW BUSINESS

A. Applications for Law Enforcement Education Foundation Grants – Fire Department (i) Ballistic Helmet Grant (ii) Tactical Combat Casualty Care Training Grant The Board is asked to approve two grant applications that the Fire Department proposes to submit to the Law Enforcement Education Foundation, as follows: (1) for $3,219 to acquire 10 ballistic helmets (which will be matched with the 10 ballistic vests acquired through a similar grant last year), and (2) $19,700 for a 2-day training program on “tactical combat casualty care” to prepare Town firefighters for mass casualty incidents in conjunction with law enforcement.

POTENTIAL MOTION: TO AUTHORIZE AN APPLICATION FOR A $3,219 EQUIPMENT GRANT FROM THE LAW ENFORCEMENT EDUCATION FOUNDATION FOR 10 BALLISTIC VESTS AND AN APPLICATION FOR A $19,700 EDUCATION GRANT FROM THE LAW ENFORCEMENT EDUCATION FOUNDATION FOR TACTICAL COMBAT CASUALTY CARE.

B. Announce Committee Vacancies The Board is asked to announce vacancies to several Town boards and committees. It is anticipated that the Board will appoint new members at its meeting on March 19. Applications for appointments should be received by the Town Manager’s Office by noon on Thursday, March 14. It should also be noted that although the Energy Committee has two vacancies at this time, the Board will be asked at the March 19 Selectboard meeting to approve new committee bylaws reducing the number of members to seven. If that reduction in membership is approved, there would be no current vacancies on the Energy Committee. Therefore, staff recommends that vacancies on the Energy Committee, if any, be announced at a later date.

NO ACTION IS REQUIRED ON THIS ITEM.

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