Selectboard Meeting Notes: Our Town, and Plethora of Planning

Issues of planning dominated the regular Tuesday meeting of the Selectboard. The Our Town Arts grant took a step forward, new design and building standards were presented, an EPA grant was awarded to the Planning Services department, and a revised Town Plan was approved.

The Town also bought a car, signed a letter of agreement with Entergy, and learned that Pay As You Throw has been planned well and is coming soon.

Preliminaries

Chair David Gartenstein began the meeting by noting the absence of Donna Macomber, and by congratulating the Planning Services department for an EPA grant received. 

He also mentioned the large scope of work going on in town, from public works projects to zoning rewrites, and promised that another special meeting of the board would be scheduled before the month was over.

Town Manager Peter Elwell was ready to get right to the agenda. John Allen mentioned that the Stroll would be happening this weekend. 

There was no public participating, at the moment, so the board moved on to their first item.

Water & Sewer Commissioners – Vehicle Purchase

The Brattleboro Selectboard, acting as Water & Sewer Commissioners, approved the purchase of a 2015 Chevrolet Sonic. The cost is $15,981, after a $2400 trade-in, from a dealer in Burlington.

The purchase comes as part of the FY15 Capital Plan and was budgeted at $20,000. It’s an economy vehicle (ie, just a car) for the department, used to “make the rounds” to various locations in town.  It gets good mileage and has low maintenance.

John Allen asked what happened to the balance of the money. Peter Elwell explained that it remains as a unspent funds, available for future purchases if properly authorized.

Vermont Yankee Letter of Agreement for Ladder Truck Support

A letter of agreement between the Town and Entergy was authorized by the Brattleboro Selectboard. The agreement provides for reimbursement to the town for ladder truck response to the VY facility in Vernon.

This is similar to agreements of previous years, explained Town Manager Elwell, in which our Fire Department would be reimbursed for use of the aerial ladder and the filling of SCBA bottles with air. 

This year, with the plant shut down and the onsite fire brigade being phased out, the SCBA bottles no longer need refilling. The ladder truck is still an item of interest, though, hence the agreement with Entergy.

If the truck is damaged or contaminated beyond usability while at VY, VY will replace it as part of the agreement. Otherwise, they will pay for use of it and the personnel associated with its use.

John Allen asked how many times our fire department had responded in the past to VY. The Fire Chief said he recalled two times inside the fence but outside the building.

David Gartenstein reminded all that Kate O’Connor was the chair of the VT Nuclear Decommissioning Citizen’s Advisory Panel, and encouraged those with questions or concerns to get in touch with her.

“Entergy is nervous about her,” said Allen.

That EPA Grant

Before holding the public hearing for amending the Town Plan, David Gartenstein had Planning Services Director Rod Francis say a few words about the EPA grant.

Francis said that the grant provides $400,000, no local match required, for two broad categories and funding: petroleum-related contamination and other hazardous waste contamination.

The vast majority of funds will be paid out directly for Phase I and Phase II studies. Phase I studies look at the history of a property, and Phase II is for a professional plan to be developed based on the extent of contamination found at the site.

Town Manager Elwell agreed that the grant was, in part, to deal with perceptions of contamination. By knowing what exists and what needs to be done, property becomes prime for development. He added that redeveloping existing sites is better than building entirely new.

If all goes well and property owners take advantage of this opportunity, the hope is that the market value for these properties will rise.

Town Plan Amendment, Second Public Hearing

The second and final public hearing regarding changes to the Brattleboro Town Plan took place Tuesday night. If you need a reminder, the change is to add some maps and descriptions of village centers to our plan, in order to allow West Brattleboro to maintain its Village Center Designation from the state.

The public had no comments.

With approval and adoption of the revised Town Plan, the Brattleboro Selectboard voted to send it along to the Windham Regional Commission for their approval.

West Brattleboro Village Designation

With Brattleboro’s Town Plan now amended, the Selectboard voted to authorize a renewal application for West Brattleboro’s Village Designation. The application goes to the Vermont Downtown Program, and if approved, will allow for property owners in the district to apply for tax credits and other improvement programs.

The designation is up for renewal in July.

“I don’t believe anyone has taken advantage of the designation yet,” said Rod francis. “There are opportunities, and we’re happy to consult with anyone interested.”

Pay As You Throw Update

Patrick Moreland was joined by PAYT Coordinator Moss Kahler to provide updates on the soon-to-be-implemented Pay As You Throw program in Brattleboro.

Moreland reviewed all the work that had been done to get PAYT established and formalized by the town. His “news” for the board was that the special Pay As You Throw Bags would be for sale in local stores “on or about June 15th.

He said that after June 29, all trash must be in a special bag or it will be left at the curb, “and we’ll have discussion with you.”

“We have to leave it if it isn’t in an official bag, “ said Moreland.

Kahler told the board about his education and outreach efforts, which included mailing information in April, nine public meetings around town, and special meetings for Brattleboro Housing Authority residents and people at Mountain Home trailer park.

He said his latest work is redesigning the violation sticker, to make it all-purpose. “ When there are violations in early weeks, educational information will be attached to the trash to tell you what is required and where to buy bags. We’ll see what happens with illegal dumping and prepare our best for that. Hopefully we’ll be pleasantly surprised.”

Kate O’Connor asked if a reminder postcard would be sent. She also noted that the Waste Zero representatives had cautioned about sending out information too early “and you sent it in April.”

She said that she forgot that the date was June 29, and that attendance at public meetings was low. “A lot of people will get violations just because they don’t know.”

The board authorized a postcard being sent as a reminder, with notice of stores where bags can be purchased.

David Gartenstein imagined the worst. “Let’s say every other house doesn’t do it. It’ll all just sit at curb?”

Kahler said yes.

“I hope we are prepared for prompt follow up,” cautioned Gartenstein. “It gets hot . It would be a drag to have a lot of rotting trash on the street,” he said, especially right before a holiday.

One member of the public asked why we needed to add 77,000 plastic bags to the landfill, wondering if after a year perhaps the town could use stickers, so people could use something other than plastic. Moreland said the program might be adjusted as it goes forward. He invited her to openly warned meetings in the future.

Brenda Siegel asked if the board had any program in place for low-income residents. She said if she needs to use an extra bag or two a month, it impacts her budget.

Gartenstein said it was state law, and that his household of four could get by with one bag every couple of weeks by recycling and composting.

“That’s wonderful,” said Siegel. She told him that if someone has a regular stable income, and aren’t a single parent, the burden is different. “I’m not as good as those with more free time and money. I can see someone putting trash into town receptacles if they can’t afford it. They may have to do it to keep maggots and mice out, if they can’t pay their electric bill. We have a huge low income population in town.”

Dora Bouboulis asked if landlords were required to provide compost bins. Moreland said that composting isn’t mandatory, so no.

Lissa Weinmann suggested creating posters to spread information, rather than postcards. Even better, she said, would be to give out free bags at the fire department for people who come by for information.

One thing that wasn’t discussed was the availability of single bags at the Municipal Center. The Town didn’t appear on the list of establishments selling bags, but this was likely just an oversight.

June 29, folks…

National Endowment for the Arts Our Town Grant

David Gartenstein gave an overview of the previous meeting by way of introducing the topic, explaining that there appeared to be lack of agreement at the time, but since then “I’ve seen a substantial amount of communication, and people are coming together with a shared common vision.”

He said the first two tracks  have been implemented. “We have the nifty, glossy book prepared, and had a series of public discussions, so we’re really at phase three.”

Gartenstein wanted it known that laws about public meetings applied to boards, commissions, and committees, and the Selectboard and Town Arts Committee are subject to the law. The grant, he explained, was delegated to the Town Manager, and the Planning Director was administering it, with help of a “team,” so the town, in his estimation, has fully complied with open meeting laws.

He continued. “We need to decide on process going forward. The Selectboard will have to make decisions at public meetings. If other committees are formed, open meeting law will apply. Transparency is our goal. Ask for our records. Go through them. Fully participate in this.”

Kate O’Connor said she had doubts, but now sees some hope for a successful finish to the project. “We might not agree, but we have to get along enough to get to the end, getting there in a way that is a service to the town and gives people respect and opportunities.”

John Allen said that based on feedback he’d received, giving up on the project would be a mistake. “I don’t care how we get to the end. Shake hands. To give up an NEA grant would be an awful thing to do. They don’t hand them out often. We should be proud we did get it. Let’s get there.”

Town Manager Elwell weighed in on funds available, saying that “We can offer $22,000 tomorrow. If an additional $8,000 of private funds are donated, then we could match it with NEA funds to reach $38,000.” he said there had been no reimbursement from the NEA for expenses to date. 

Hugh Keelan and Kate Anderson then offered up a prospectus for how to proceed, in response to the Selectboard’s request for a proposal for completing the NEA “Our Town” grant.

Keelan said he was encouraged by the board’s statements of support. He said there is agreement that an extension is required, and that numerous parties had come forward in the last two weeks as a task force willing to assist as needed.

He said that Senator Leahy’s office had even been in touch, pressing the importance of completing the NEA grant and taking the maximum amount of funds available.

Anderson said that the public would need information about “creative place-making.”  “Possibly we can find a way to present to the community what these projects might look like. They are incredibly inspiring, and can act as a stimulus for good thinking on this.”

She said that in broad terms, a request for proposals would go out, the public made aware, a vetting process to narrow the proposals to a manageable number, and a selection committee formed to assist. All of this would depend on getting another extension for the grant.

A draft prospectus outlining how artists can respond to the call for submissions for a “permanent or temporal public artwork, or an arts-based performance” was included in the Selectboard’s materials.

In the draft, the prospectus calls for an “inaugural creative place-making project” responding to Brattleboro’s past and present, relationship with landscapes, cultural heritage, and vision as a community that supports the arts. The winning proposal will “reflect and magnify” the roles that arts play in the community.

The project, it says, is for the whole of the community.

It goes on to say that “creative place-making animates public and private spaces, enlivens structures and streetscapes, heightens local business viability and public safety, while bringing diverse voices together to celebrate, inspire, and to be inspired.”

Scott Borofsky suggested the RFP place no limits  beyond those in the grant itself. “It’s prohibitive and doesn’t help.” He expressed hope that time would be given to prepare a good proposal, and asked if additional funds beyond what was offered could be applied.

Keelan said there was no limit to what could be raised, but Brenda Siegel asked that the funds be limited to what was already in the grant, as not to take away from the small pool of funds available for artists and organizations in town. Siegel suggested breaking the grant into categories for visual and performing arts, and setting aside some money for publicity.

Barbara Holliday said that, in her view, tracks 1 and 2 were not finished. She said she and others weren’t included in the book. Revisiting track 1 and 2, she said, could solve the publicity issue.

Dora Bouboulis said the tight deadlines should be extended to give time for good proposals. Gartenstein said the deadlines had already attracted their attention.

Other concerns and ideas expressed included having the unveiling of the project next spring, including outside experts in the selection process, and including the advice of the Arts Council of Windham County and others at each step going forward..

In the end, it was decided that the Town Arts Committee, if capable, should meet in coming days to come up with a plan of action and RFP.  If impossible for any reason, Town staff would do the work, said Town Manager Elwell. The Town Arts Committee, he said, “needs to come together and function.”

David Gartenstein said the board would address the number of members of the Arts Committee, currently eight, to make scheduling and quorums easier. He expected it to be on the board’s next agenda, along with the plan of action.

Land Use Amendments – Proposed Changes to Design and Performance Standards

Rod Francis and Sue Fillion of the Brattleboro Planning Services Department returned for the fourth in a series of four presentations to the Brattleboro Selectboard about proposed changes to zoning and land use, set for approval in the near future. Planning Commission Chair Elizabeth McLoughlin joined them for the discussion.

Design and Performance Standards was the topic for the evening. Brattleboro will be getting both.

Francis said the Town Plan calls for design standards. Each of the districts will have slightly different specifications.

Fillion told the board about frontage standards – the area between the building and the street. Going forward there will be new requirements for landscaping and pedestrian access, again, depending on zoning district. Parking will be pushed to the back or sides of buildings. Setbacks will have minimums or maximum dimensions. Visible outdoor storage will not be allowed.

There will be new building standards as well, with new rules about facades and windows. One major change addresses large blank walls, which will need to be broken up visually or heavily landscaped and hidden. Roof pitches will be regulated. Buildings will be required to have visual interest such as a porch, store windows, or an architectural feature.

Some exceptions will be entertained, said Francis, though having rules will give the Town a bit more leverage to enforce a decision.

(John Allen recalled that Hanna Cosman wanted shrubbery for everything. “That might be in there,” joked Fillion.)

Kate O’Connor thought the town was micromanaging when asking people for flowers.

Rod Francis said they want to address the issue of the large, blank wall. “It’s alienating.”

Gartenstein thanked O’Connor for the comment, adding that new design standards could add transaction costs and “be a drag on development.” He said it was, however, a policy choice in the Town Plan.

Francis said the new regulations wouldn’t impact decisions of large chains. “It is their basic design template. They encounter this all over.” He said the local mom and pop stores will find “this more of a stretch,” though.

Other things that are coming:

– New parking standards that encourage pedestrian walkways and landscaping will be included, and paving will be limited in setbacks. Allen asked if they had taken into account plowing. His view of raised, landscaped areas in parking lots was that of obstacle, and said they would get damaged by plows. Francis said they were trying to address storm water issues, provide some pedestrian refuge, and other parking lots in the northeast do this without incident.

– Signs will be handled in a new way, with the creation of four new sign districts. Larger signs will be allowed in some places, while large lit signs will be prohibited in other areas.

– Lighting will be regulated. Rural and residential districts will be low light areas. In commercial areas most lights will have to be shielded or off after 10 p.m. Fillion said the new rules were compatible with the Dark Skies Initiative.

– As older sites get redeveloped, certain parts of the new code will apply to the redevelopment, such as issues of access and circulation, parking and loading, lighting, signs, and stormwater removal.

Gartenstein suggested the planners return for a fifth presentation, to provide a summary of permitted uses, before heading into a series of public hearings and, they hope, adoption of the new regulations. They set a tentative schedule to aim for, and were about to adjourn, but there was a final comment.

Adam Hubbard said that he had been following along, and was a professional in the industry dealing with these issues daily. His take was that the proposed changes were neither simpler nor clearer than before.

He said the proposed Land Use Regulations “are in fact four different planning theories jammed into one.” He said form-based code should not be coupled with design standards or “heavily prescriptive dimensional requirements.”

“Those in town in the field are looking at this in horror for what it means,” Hubbard continued. “It’s hard to digest what’s going on. I’m struggling to make sense of this. I can guarantee you the average citizen is not up to speed.”

He said it would “sail right through. It is polished and looks right.”  But, he warned, “the implementation will be costly and onerous on landowners, and has a high potential to do damage to our grand list and economy.”

He urged the board to  “get your head around the document,” and he offered to meet with anybody who wanted to know more. “Be careful. There is a lot in there,” he said. “There’s not another regulation like this in the state.”

Gartenstein said that what Hubbard was saying was what he had warned might be coming. “Too bad it is happening so late. No one has said this to us before. This is the policy choice that needs to be made, and it is on us to do it, but difficult to do without input of others.”