Brattleboro Selectboard Agenda & Notes – July 6, 2021

At their first meeting in July, the Brattleboro Selectboard will make it easier to buy liquor downtown and at Retreat Farm with the granting of two new liquor licenses. They will also buy pick-up trucks, approve a new mural for a parking lot, contemplate repairs on the Elliot Street bridge, adopt new Land Use regulations, discuss their summer meeting schedule, review their goals, approve of dams, and more.

You can bring up other items not on the agenda during hybrid public participation.

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The Brattleboro Selectboard will meet on Tuesday, July 6, 2021, in the Selectboard Meeting Room at the Brattleboro Municipal Center (320 Main Street). The public can also access the meeting using zoom. The Board is expected to enter into executive session at 5:30pm to discuss the negotiation of a real estate purchase or lease and the appointment, employment, or evaluation of a public officer or employee.  The Board will reconvene at 6:15pm for the business portion of the meeting.  The attached agenda and administrative report contain information on how to access the meeting remotely, including the required “passcode.”  ASL interpreters will be available for deaf and hard-of-hearing community members.

 

Jessica Sticklor

Executive Assistant 

Town of Brattleboro

230 Main Street, Suite 208

Brattleboro, VT 05301

(802) 251 – 8115

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BRATTLEBORO SELECTBOARD 

TUESDAY, JULY 6, 2021 

SELECTBOARD MEETING ROOM + ZOOM 

EXECUTIVE SESSION – 5:30PM 

REGULAR MEETING – 6:15PM 

AGENDA 

NOTE: This meeting will be held in the Selectboard Meeting Room at the Municipal Center. 

People also can attend and participate in this meeting using Zoom. 

If you join the meeting from your computer, tablet, or smartphone, please use this link: https://us02web.zoom.us/j/86067892659 

The “Meeting ID” for this meeting is: 

860 6789 2659 

Passcode: 12261753 

You also can call in using your telephone 

by dialing any of these toll-free numbers in the United States: 

833-548-0282 

877-853-5247 

888-788-0099 

833-548-0276 

or you can access a list of non-toll-free numbers 

for locations around the world using this link: 

https://us02web.zoom.us/u/k2Hdbk6mA 

The meeting also will be carried live on BCTV: 

On Cable TV: Channel 1085 or Channel 10 

Streaming Online: https://www.brattleborotv.org/channel-10-stream 

Facebook Live: https://www.facebook.com/brattleborotv 

1. CONVENE REGULAR MEETING 

2. APPROVE MINUTES – June 15 + June 18 + June 28 

3. CHAIR’S REMARKS 

4. MANAGER’S COMMENTS 

5. SELECTBOARD COMMENTS AND COMMITTEE REPORTS 

6. PUBLIC PARTICIPATION 

7. CONSENT AGENDA 

A. American Recovery Plan Act – Designation of Authorized Representative 

B. Replacement Pickup Truck for Fire Department – Purchase Using State Bid 

C. Replacement Truck for Public Works’ Highway Division – Purchase Using State Bid 

D. Elliot Street Bridge Repair – Bid Award 

E. Gibson Aiken Center Fire Alarm – Bid Award 

F. Swimming Pool Repairs at Living Memorial Park – Bid Award 

G. Chip Seal Pavement Improvements on Summit Circle – Bid Award 

H. Crack Seal Pavement Improvements at Various Locations – Bid Award 

I. Town Highway Class 2 Roadway Program Grant for South Main Street Paving Project – Accept and Appropriate 

8. LIQUOR COMMISSIONERS 

A. First Class Liquor License and Outside Consumption Permit – Retreat Farm LTD 

B. First Class Liquor License, Outside Consumption Permit, and Entertainment License – River Garden Marketplace LLC 

9. WATER AND SEWER COMMISSIONERS 

A. Water Treatment Facility Project Financing – Additional Authorized Representative 

B. 2 Replacement Vehicles for Public Works’ Utilities Division – Purchase Using State Bid 

10. UNFINISHED BUSINESS 

A. Proposed Amendments to Land Use Regulations   Second Public Hearing + Possible Adoption 

11. NEW BUSINESS 

A. Proposed Mural in the High-Grove Parking Lot 

B. Wilder, Bellows Falls, and Vernon Dam Relicensing   Kathy Urffer from the Connecticut River Conservancy 

C. FY22 Property Tax Rates 

D. Selectboard’s Summer Meeting Schedule 

E. Selectboard’s Goals for 2020-2021 – Review of Status 

F. Town Committees and Boards – Appointment to the Energy Committee 

12. CORRESPONDENCE/FYI 

A. Warrants 

13. MEETINGS 

See Town Calendar 

14. ADJOURNMENT 

….

 MEMORANDUM 

To: Selectboard

From: Peter B. Elwell, Town Manager 

Re: Administrative Report 

Date: July 2, 2021 

 ——-

The following will summarize the proposed motions for the Selectboard meeting on Tuesday,  July 6, 2021. The meeting will begin at 5:30, when the Board is expected to enter into executive session to discuss the negotiation of a real estate purchase or lease and the appointment, employment, or evaluation of a public officer or employee. The Board will reconvene the public business meeting at 6:15pm in the Selectboard Meeting Room. The public may attend this meeting in person and also view and participate in the meeting via the Zoom link below. 

The public may join the meeting from a computer, tablet, or smartphone, using this link: https://us02web.zoom.us/j/86067892659 

Passcode: 12261753 

You also can call in using your telephone 

by dialing any of these toll-free numbers in the United States: 

833-548-0282 

877-853-5247 

888-788-0099 

833-548-0276 

or you can access a list of non-toll-free numbers 

for locations around the world using this link: 

https://us02web.zoom.us/u/k2Hdbk6mA 

The “Meeting ID” for this meeting is: 

860 6789 2659 

The meeting will be carried live on BCTV: 

On Cable TV: Channel 1085 or Channel 10 

Streaming Online: https://www.brattleborotv.org/channel-10-stream 

Facebook Live: https://www.facebook.com/brattleborotv/ 

7. CONSENT AGENDA 

A. American Recovery Plan Act – Designation of Authorized Representative 

B. Replacement Pickup Truck for Fire Department– Purchase Using State Bid Award 

C. Replacement Truck for Public Works’ Highway Division – Purchase Using State Bid 

D. Elliot Street Bridge Repair – Bid Award 

E. Gibson Aiken Center Fire Alarm – Bid Award 

F. Swimming Pool Repairs at Living Memorial Park – Bid Award 

G. Chip Seal Pavement Improvements on Summit Circle – Bid Award 

H. Crack Seal Pavement Improvements at Various Locations – Bid Award 

I. Town Highway Class 2 Roadway Program Grant for South Main Street Paving Project – Accept and appropriate 

The Board is asked to approve the Consent Agenda, as presented. 

In a memorandum dated July 1, 2021, Town Manager Peter Elwell outlined the need for a designated authorized representative related to American Recovery Plan Act (ARPA) funding. The Board is asked to approve the Town Manager’s decision to appoint Assistant Town Manager Patrick Moreland as the authorized representative to ensure Town compliance with ARPA requirements. 

In a memorandum dated July 1, 2021, Fire Chief Leonard Howard stated that the Fire Department’s 2011 Ford F-250 utility/pickup truck is due for replacement. The Board is asked to approve the purchase of a 2022 Dodge 2500 Tradesman Crew Cab 4×4 with an extended warranty for a total amount of $39,023.45 from Central Chrysler Dodge Jeep Ram of Raynham, Massachusetts. 

In a memorandum dated June 14, 2021, Department of Public Works Highway/Utilities Superintendent Dan Tyler stated that DPW is seeking to replace a 2013 Chevy 3500 with a 2022 Ram 3500 for a total amount of $40,663 from Central Chrysler Dodge Jeep Ram of Raynham, Massachusetts. 

In a memorandum dated June 11, 2021, Department of Public Works Director Steve Barrett indicated that in 2019 the Elliot Street Bridge was hit by a driver and considerable damage was caused. After litigation with the driver’s insurance company, the Town received a full claim settlement of $50,000. The Town received two bid proposals, both for $50,000, to make repairs to the Eliot Street Bridge. The Department of Public Works recommends accepting the bid proposal from Renaud Brothers of Vernon, Vermont, because they constructed the bridge and have greater expertise and knowledge of this particular bridge structure. 

In a memorandum dated June 30, 2021, Recreation and Parks Director Carol Lolatte outlined the Gibson Aiken Center Fire Alarm System Upgrade project, which consists of installing a new addressable Fire Alarm System with battery back-up at the Gibson Aiken Center. The project will also include installing a radio box for communication with the Brattleboro Fire Department. Two bids were received. The Recreation and Parks Department recommends that the contract be awarded to Cleveland Electric of Brattleboro for a total amount of $36,435. 

In a memorandum dated June 29, 2021, Recreation and Parks Director Carol Lolatte outlined the Living Memorial Park Pool Repair project. The project consists of removing 200 linear feet of loose concrete under the stainless-steel gutter, cutting and cleaning in-between the concrete wall and the stainless-steel gutter, and filling a 1-inch deep by 1/8-inch wide cut with silicone. There was one bidder for this project. The Recreation and Parks Department recommends accepting the bid from Patenaude Pool Plasterers, Inc., of Hartland, Vermont, to make these repairs for a total amount of $10,800. 

In a memorandum dated June 29, 2021, Department of Public Works Highway/Utilities Superintendent Dan Tyler outlined the DPW’s Chip Seal Project on Summit Circle. He explained that chip sealing is a pavement preservation application that seals existing roadway with a rubberized asphalt and adds a thin wearing course of stone. One bid was received for this project. The Department of Public Works recommends accepting the bid from All States Construction, Inc., of Sunderland, Massachusetts, for a total amount of $94,350. 

In a memorandum dated June 28, 2021, Department of Public Works Highway/Utilities Superintendent Dan Tyler outlined the DPW’s Crack Seal Project. The project includes providing and placing approximately 3200 gallons of crack sealing material on Meadowbrook Road between Orchard Street and the end of the pavement at Pleasant Valley Road, Greenleaf Street from the intersection with Western Avenue to the intersection with Abbott Road, Upper Dummerston Road, East Orchard Street (paved portion), Sherwood Circle, Tudor Lane, and Sunny Acres. The Department of Public Works recommends award to Sealcoating Inc, DBA Indus of Braintree, Massachusetts, for a total of $40,187. There were two bid proposals for this project, but the lower bid was found to be incomplete. 

In a memorandum dated June 17, 2021, Town Accountant Kim Ellison advised that the Department of Public Works is requesting approval to accept and appropriate a $175,000 Town Highway Class 2 Roadway Program Grant from the Vermont Agency of Transportation to pay for paving approximately 0.85 miles of South Main Street. 

POTENTIAL MOTION: TO APPROVE THE CONSENT AGENDA, AS PRESENTED. 

8. LIQUOR COMMISSIONERS 

A. First Class Liquor License and Outside Consumption Permit – Retreat Farm LTD 

The Retreat Farm is seeking a First Class Liquor License and Outside Consumption permit to provide better service to their guests and enhance their community gatherings. Staff has reviewed the application and recommends approval. Lindsey Fahey, Retreat Farm’s Managing Director of Impact and Community, will attend the July 6 Selectboard meeting to answer any questions. 

POTENTIAL MOTION: TO APPROVE THE FIRST CLASS LIQUOR LICENSE AND OUTSIDE CONSUMPTION PERMIT FOR RETREAT FARM LTD. 

B. First Class Liquor License, Outside Consumption Permit, and Entertainment License – River Garden Marketplace LLC 

River Garden Marketplace, LLC, is in the process of purchasing the River Garden at 157 Main Street. They plan to use this venue to serve beer and wine both indoors and outdoors and to have various performances. They are seeking approval for a First Class Liquor License, Outside Consumption Permit, and Annual Entertainment License. Town staff has reviewed the applications and recommends approval. Timothy Brady, a representative for the business, will be at the July 6 Selectboard meeting to answer any questions. 

POTENTIAL MOTION: TO APPROVE THE FIRST CLASS LIQUOR LICENSE, OUTSIDE CONSUMPTION PERMIT, AND ENTERTAINMENT LICENSE FOR RIVER GARDEN MARKETPLACE. 

9. WATER AND SEWER COMMISSIONERS 

A. Water Treatment Facility Project Financing – Additional Authorized Representative 

In a memorandum dated June 30, 2021, Town Manager Elwell advised that he  and Public Works Director Steve Barrett currently are the Town’s two “Authorized Representatives” for communications related to the financing for the Water Treatment Facilities Replacement Project and recommended that Highway/Utilities Superintendent Dan Tyler be officially designated as an additional “Authorized Representative” of the Town on this project.

POTENTIAL MOTION: TO APPROVE THE DESIGNATION OF DEPARTMENT OF PUBLIC WORKS HIGHWAY/UTILITIES SUPERINTENDENT DAN TYLER AS AN ADDITIONAL “AUTHORIZED REPRESENTATIVE” OF THE TOWN OF BRATTLEBORO FOR WATER TREATMENT FACILITY PROJECT FINANCING. 

B. 2 Replacement Vehicles for Public Works’ Utilities Division – Purchase Using State Bid 

In a memorandum dated June 14, 2021, Department of Public Works Highway/Utilities Superintendent Dan Tyler recommended approval to purchase two Utilities Division vehicles. Vehicle #1 is truck #101, a 2014 Chevy 1500. This vehicle is primarily used 

for transportation and its ability to seat four people. DPW is proposing replacing the current truck with a Toyota Rav4 Hybrid from Alderman’s Toyota of Rutland, Vermont, for a total amount of $18,731. Vehicle #2 is truck #97, a 2014 Chevy 3500. This vehicle is used by personnel for daily operations and snow removal. DPW is proposing replacing the current truck with a 2022 Ram 2500 from Central Chrysler Dodge Jeep Ram of Raynham, Massachusetts, for a total of $41,500. 

POTENTIAL MOTION: TO APPROVE THE PURCHASE OF A TOYOTA RAV4 HYBRID FROM ALDERMAN’S TOYOTA OF RUTLAND, VERMONT, IN THE AMOUNT OF $18,731 AND A 2022 RAM 3500 FROM CENTRAL CHRYSLER DODGE JEEP RAM OF RAYNHAM, MASSACHUSETTS, IN THE AMOUNT OF $41,500. 

10. UNFINISHED BUSINESS 

A. Proposed Amendments to Land Use Regulations – Second Public Hearing + Possible Adoption 

In a memorandum dated June 29, 2021, Planning Director Sue Fillion outlined  proposed changes to the current Land Use Regulations. The Planning Commission previously held several hearings regarding the proposed land use regulation amendments. The Selectboard held a first public hearing on these amendments  on June 15 and is now asked to hold a second public hearing and approve the amendments. 

POTENTIAL MOTION: TO ADOPT THE AMENDMENTS TO THE BRATTLEBORO LAND USE REGULATIONS, AS PROPOSED. 

11. NEW BUSINESS 

A. Proposed Mural in the High-Grove Parking Lot 

In a memorandum dated June 30, 2021, Town Manager Peter Elwell recommended Selectboard approval of a proposed mural project in the High-Grove Parking Lot.  Nina Nabizadeh and Emily Tatro have proposed a mural depicting the theme of  “what makes Brattleboro a special place.” The project was previously vetted and funded by the Town Arts Fund. Nina Nabizadeh and Emily Tatro will attend the  July 6 Selectboard meeting to answer any questions and participate in the discussion. 

POTENTIAL MOTION: TO APPROVE A MURAL PROJECT PROPOSED BY  NINA NABIZADEH AND EMILY TATRO TO BE PAINTED ON THE RETAINING WALL ON THE WEST SIDE OF THE HIGH-GROVE PARKING LOT. 

B. Wilder, Bellows Falls, and Vernon Dam Relicensing   Kathy Urffer from the Connecticut River Conservancy 

Kathy Urffer, River Steward from The Connecticut River Conservancy, will attend  the meeting to provide an update on the relicensing of the Wilder, Bellows Falls,  and Vernon Dams.

NO ACTION IS REQUIRED ON THIS ITEM. 

C. FY22 Property Tax Rates 

The State of Vermont is late this year in providing the education property tax information the Town needs to set the local property tax rates. Therefore, Town staff will provide an update on this matter at the July 6 Selectboard meeting and will request that a special Selectboard meeting be held in mid-July for the sole purpose of adopting the FY22 property tax rates. 

NO ACTION IS REQUIRED ON THIS ITEM. 

D. Selectboard’s Summer Meeting Schedule 

In a memo dated July 1, 2021, Town Manager Elwell outlined the Selectboard’s summer meeting schedule. 

NO ACTION IS REQUIRED ON THIS ITEM. 

E. Selectboard’s Goals for 2020-2021 – Review of Status 

The Selectboard’s backup materials contain a written summary of progress to date on the various goals adopted by the Selectboard for 2021-2022. 

NO ACTION IS REQUIRED ON THIS ITEM. 

F. Town Committees and Boards – Appointments 

The Board is asked to appoint Joel Martell to the Town’s Energy Committee. 

POTENTIAL APPOINTMENTS: JOEL MARTELL TO THE ENERGY COMMITTEE. 

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