Brattleboro Selectboard Agenda and Notes – September 21, 2021

A new bridge near Melrose Street will be one focus of attention for the Brattleboro Selectboard at their next meeting. VTrans reps will be on hand to explain the details and answer questions.

The board will also hear more about the creation of a stormwater utility and master plan for the town, will renegotiate tax payments for the Retreat, explore grants for a health program and for a water and sewer capacity study, and more. You can always bring up other items not on the agenda during public participation.

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The Brattleboro Selectboard will meet on Tuesday, September 21, 2021, at 5:30pm and is expected to enter immediately into executive session to discuss contracts, 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 in the Selectboard Meeting Room at the Brattleboro Municipal Center (230 Main Street) for the business part of the meeting. The public is encouraged to participate in the meeting over Zoom. The Municipal Center will be open to the public with limited seating spaced six feet apart and face coverings will be required. The attached agenda contains 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 (she/her)

Executive Assistant 

Town of Brattleboro

230 Main Street, Suite 208

Brattleboro, VT 05301

(802) 251 – 8115

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BRATTLEBORO SELECTBOARD 

TUESDAY, SEPTEMBER 21, 2021 

SELECTBOARD MEETING ROOM + ZOOM 

EXECUTIVE SESSION – 5:30PM 

REGULAR MEETING – 6:15PM 

AGENDA 

NOTE: The Selectboard members and Town staff plan to participate in this meeting on Zoom and the public also is encouraged to attend and participate on Zoom. People who choose to attend the meeting in-person may do so in the Selectboard Meeting Room at the Municipal Center, where everyone will be required to wear a face covering and adhere to social distancing. 

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 (Note: The minutes for September 14+15 will be on the October 5 agenda) 

3. CHAIR’S REMARKS 

4. MANAGER’S COMMENTS 

5. SELECTBOARD COMMENTS AND COMMITTEE REPORTS 

6. PUBLIC PARTICIPATION 

7. CONSENT AGENDA 

A. Recommendation for Appointment of Deputy Health Officer – Fire Inspector Eric Davis 

B. Monthly Financial Report – Through August (First 2 Months of FY22) 

C. Two Police Cruisers – Authorize Purchase 

8. LIQUOR COMMISSIONERS 

A. Stone Church – Outside Consumption Permit 

9. NEW BUSINESS (ii) Stormwater Utility Feasibility Study + Next Steps 

A. Brattleboro BF 2000(28) 12J608, Town Highway 2 (VT Route 9), Bridge 54 over the Whetstone Brook – Vermont Agency of Transportation’s Presentation of Alternatives 

B. Stormwater Management (i) Stormwater Master Plan 

C. Brattleboro Retreat – Agreement for Annual Voluntary Non-Tax Contribution 

D. VCDP Grant for Healthworks – Application and Public Hearing 

E. VCDP Grant for Winston Prouty/Delta Campus Water/Sewer Capacity Study – Application and Public Hearing 

F. Committee Appointments 

10. CORRESPONDENCE/FYI 

A. Warrants 

11. MEETINGS 

See Town Calendar 

12. ADJOURNMENT 

….

 MEMORANDUM 

To: Selectboard 

From: Peter B. Elwell, Town Manager 

Re: Administrative Report 

Date: September 17, 2021 

 —————–

The following will summarize the proposed motions for the Selectboard meeting on Tuesday, September 21, 2021. The meeting will begin at 5:30pm, when the Board is expected to enter into executive session to discuss contracts, 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. The Selectboard members and Town staff will participate in this meeting on Zoom and the public is strongly encouraged to attend and participate on Zoom. People who choose to attend the meeting in-person may do so in the Selectboard Meeting Room 

at the Municipal Center, where everyone will be required to wear a face covering and adhere to social distancing. 

Join the meeting from a computer, tablet, or smartphone, using 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 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. Recommendation for Appointment of Deputy Health Officer – Fire Inspector Eric Davis 

B. Monthly Financial Report – Through August (First 2 Months of FY22) 

C. Two Police Cruisers – Authorize Purchase 

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

In a memorandum dated September 16, 2021, Town Manager, Peter Elwell asks the Board to recommend that the Vermont Department of Health appoint Fire Inspector Eric Davis as an additional Deputy Health Officer for a three-year term. 

The Monthly Financial Report is incuded in the Selectboard’s backup materials for this meeting, along with a summary memorandum dated September 9, 2021, from Accountant Kim Ellison. There is nothing unusual about the financial report this month. No action is required on this item. 

In a memorandum dated August 26, 2021, from Captain Mark Carignan, he and Police Chief Norma Hardy recommend that the Police Department be authorized to purchase two 2022 Ford Explorer Interceptor (hybrid) police cruisers from MaGee Ford using the State of Vermont’s competitive bidding process. There is $114,000 budgeted for the purchase of these vehicles. After accounting for the trade-in credit, the cost of purchasing these two vehicles will be $68,090. That will leave $45,910 available for the upfit of the two vehicles. 

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

8. LIQUOR COMMISSIONERS 

A. The Stone Church – Outside Consumption Permit 

The Stone Church, located at 210 Main Street, currently has First and Third Class Liquor licenses. In a memorandum dated September 16, 2021, Town Clerk Hilary Francis wrote that due to COVID The Stone Church is requiring customers to be masked indoors. They would like to have their performances indoors, while serving food and alcohol outdoors. They are, therefore, seeking an Outside Consumption Permit. 

In a memorandum dated September 16, 2021, Planning Director Sue Fillion advised that the Development Review Board has approved this application with the following conditions: the permit shall run through April 30, 2022, an administrative permit will be required for use of a food truck outside of entertainment events, and food and alcohol service must cease at 11:00pm. 

Mr. Robin Johnson will be present at the Selectboard meeting to present this request and answer questions. 

POTENTIAL MOTION: TO APPROVE AN OUTDOOR CONSUMPTION PERMIT FOR THE STONE CHURCH AT 210 MAIN STREET. 

9. NEW BUSINESS 

A. Brattleboro BF 2000(28) 12J608, Town Highway 2 (VT Route 9), Bridge 54 over the Whetstone Brook – Vermont Agency of Transportation’s Presentation of Alternatives 

Representatives from the Vermont Agency of Transportation (VTrans) will present an overview of the Brattleboro BF 2000(28) 12J608, Town Highway 2 (VT Route 9), Bridge 54 project related to the Western Avenue bridge over the Whetstone Brook near Melrose Street. In a public notice dated August 17, 2021, VTrans recommends a full bridge replacement with traffic maintained on a temporary bridge during construction. The presentation to the Selectboard will include a review of the existing site conditions, proposed work, and overall schedule, followed by a question-and-answer period. 

NO ACTION IS REQUIRED ON THIS MATTER. 

B. Stormwater Management 

(i) Stormwater Master Plan 

(ii) Stormwater Utility Feasibility Study + Next Steps 

In a memorandum dated August 30, 2021, Planning Services Director Sue Fillion reports that the Vermont Department of Environmental Conservation (DEC) has selected Brattleboro as one of 8 towns to have a Stormwater Master Plan (SWMP) completed at no cost to the Town. This is an important step in reducing sediment and nutrient pollution to waterbodies by identifying and prioritizing stormwater management projects across the study area. The stormwater management practices investigated under this project will protect local river resources as well as the larger drainage basins. DEC has hired Watershed Consulting to complete an SWMP for each of the 8 communities. Consultants will be working on the project from the summer of 2021 to the spring of 2023. 

In a memorandum dated September 10, 2021, Highway/Utilities Superintendent Dan Tyler describes the Stormwater Utility Feasibility Study that is attached to his memorandum. Stevens and Associates investigated the feasibility of creating a stormwater utility in Brattleboro. Their report provides information about our current and upcoming stormwater responsibilities, cites examples of existing stormwater utilities and fee structures in Vermont, identifies similarities and differences between Brattleboro and the example communities with stormwater utilities, and outlines four next steps toward implementing a stormwater utility here. 

POTENTIAL MOTION: NO ACTION IS REQUIRED ON THESE MATTERS. 

C. Brattleboro Retreat – Agreement for Annual Voluntary Non-Tax Contribution 

In a memorandum dated September 10, 2021, Town Assessor Jenepher Burnell describes the history of taxation of the Brattleboro Retreat’s property. Since 2000, The Retreat has paid property taxes in the usual manner on its post-1858 properties and has paid an annual voluntary non-tax contribution on its pre-1858 properties, in accordance with an agreement between the Town and The Retreat that settled litigation regarding this matter. That agreement would have expired in 2020 but was extended for one year by the mutual consent of the parties. Recently, Town staff and the Town Attorney negotiated a new Agreement with the Brattleboro Retreat for a 3-year term to expire on June 30, 2024. That agreement, which is included in the backup materials for this meeting, amends certain terms of the 2000 agreement and extends all other terms as originally stated. Staff requests the Selectboard’s approval of the amended agreement. 

POTENTIAL MOTION: TO APPROVE AN AMENDED AGREEMENT REGARDING TAXATION OF BRATTLEBORO RETREAT PRE-1858 REAL PROPERTY. 

D. VCDP Grant for Healthworks – Application and Public Hearing 

In a memorandum dated September 16, 2021, Assistant Town Manager Patrick Moreland described the collaboration between Brattleboro Memorial Hospital (the lead agency among the project partners), the Brattleboro Retreat, Groundworks Collaborative, and Health Care and Rehabilitative Services (HCRS) to create the Healthworks ACT Project. The project partners request and Town staff recommends that the Selectboard authorize an application to the Vermont Community Development Program for a $500,000 implementation grant in support of this project. 

POTENTIAL MOTION: TO AUTHORIZE AN APPLICATION TO THE VERMONT COMMUNITY DEVELOPMENT PROGRAM FOR AN IMPLEMENTATION GRANT TO BRATTLEBORO MEMORIAL HOSPITAL IN THE AMOUNT OF $500,000 FOR THE HEALTHWORKS A.C.T. PROJECT, AND TO ADOPT A V.C.D.P. RESOLUTION IDENTIFYING ASSISTANT TOWN MANAGER PATRICK MORELAND AS THE CONTACT PERSON AND TOWN MANAGER PETER ELWELL AS THE AUTHORIZING OFFICIAL. 

E. VCDP Grant for Winston Prouty/Delta Campus Water/Sewer Capacity Study – Application and Public Hearing 

In a memorandum dated September 16, 2021, Assistant Town Manager Patrick Moreland described the collaboration between the Winston Prouty Center for Child and Family Development and Delta Vermont to evaluate the potential of providing a potentially significant amount of new mixed-income housing on the hillside where the Winston Prouty and Delta campuses share a boundary. An important next step in this process is to determine the feasibility and scope of extending water and sewer services to the site. The project partners request and Town staff recommends that the Selectboard authorize an application to the Vermont Community Development Program for a $50,000 planning grant in support of this project. 

POTENTIAL MOTION: TO AUTHORIZE AN APPLICATION TO THE VERMONT COMMUNITY DEVELOPMENT PROGRAM FOR A PLANNING GRANT TO THE WINSTON PROUTY CENTER FOR CHILD AND FAMILY DEVELOPMENT, INC., IN THE AMOUNT OF $50,000 FOR THE WINSTON PROUTY/DELTA WATER AND SEWER CAPACITY PROJECT, AND TO ADOPT A V.C.D.P. RESOLUTION IDENTIFYING ASSISTANT TOWN MANAGER PATRICK MORELAND AS THE CONTACT PERSON AND TOWN MANAGER PETER ELWELL AS THE AUTHORIZING OFFICIAL. 

F. Committee Appointments 

The Board will make appointments to various Town boards and committees. 

POTENTIAL MOTION: TO BE DETERMINED 

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