Selectboard Meeting Notes: New Era Of Land Use Begins, Option Agreement Signed For Reformer Property

The Brattleboro Selectboard approved new land use and zoning regulations for the town after making some minor amendments to the much-discussed document. Not much has changed from last week, unless you had plans for an easy kennel empire in a rural district.

Brattleboro is entering into an option agreement to have a chance to purchase the property on Black Mountain Road currently in use by the Reformer. The agreement buys some time to fully consider a proposal to move the police to the north end of town.

Farms, finances, and energy consumption rounded out the evening. Read on for details.

Preliminaries

Chair David Gartenstein had but one opening remark, and that was to thank Tim Johnson for his years of service to the town and community. Johnson had “announced a change in his job responsibilities,” he said.

Town Manager Peter Elwell had no preliminary remarks

For selectboard comments and committee reports, John Allen said that he had attended a Windham Solid Waste Management District meeting and things were “as dysfunctional as ever.” He said there would be “a lively discussion” coming about proposed changes at WSWMD.

Kate O’Connor thanked town employees for helping with the Today show event, especially when they were nearly 2 hours late getting here.

“The three seconds we were on the Today show was great!” quipped Allen.

The lack of public participating in Public Participation didn’t stop Gartenstein from making a general reminder that they would be meeting often in the coming weeks, and public participation is encouraged.

Liquor Commissioners

The Brattleboro Selectboard, acting as Liquor Commissioners, approved an educational sampling permit for the Brattleboro Food Coop’s 4th annual holiday beer and wine tasting event at BMAC on December 11.

62 Black Mountain Road Option Agreement

Brattleboro’s Selectboard approved an Option Agreement that will prevent the sale of the 62 Black Mountain Road property until the town decides whether it is or isn’t the new location for our police department.

Town Manager Elwell said that the option agreement buys the town time. Brattleboro pays $20,000  to secure the property until March 31, 2016; after that there are two more opportunities to extend the option to buy if additional time is desired, each at $10,000 a pop.

Total cost for the property if Brattleboro decides to buy it is $720,000 plus half of the option payments – either $735,000 or $740,000 depending on the extensions taken.

He reassured the board that the property was within fair market value.

Brattleboro will become the Reformer’s landlord, renting 2-3,000 square feet of space at $12 a square foot.

“Congratulations, town,” proclaimed Gartenstein. “You’ve bought an option on the property on Black Mountain Road.”

Land Use Regulations Approved (Phew!)

Before Brattleboro’s new Land Use Regulations could be approved, a few final issues needed to be resolved: a decision on a new zoning boundary line, a clarification of rules for signs, and a minor change for potential kennels.

Rod Francis and Sue Fillion of the Planning department returned to address the concerns raised at the public hearing last week.

The new zoning boundary on Meadowbrook and Bonnyvale Roads, along with an increase in the minimum lot size required for a subdivision, will cause five lots to no longer be able to subdivide under the new, proposed rules. It was suggested last week to simply return to the old boundaries.

Francis said that the boundary decision was made to reduce rural residential sprawl, preserve the larger parcels in the area, standardize boundary lines to being marked from the center of a road, and to protect the nearby watershed area. 

He offered up three possibilities to the board: adopt the regs as written, ask to change things back and send it through the public hearing process, or add some amendment language allowing for a one-time subdivision of those smaller lots.

The board felt the amended language allowing for one time divisions was an excellent compromise.

Issues with non-conforming signs were primarily with the language of the new regulations, which caused confusion for some business owners. When, exactly, must an old sign be replaced and upgraded to the new sign requirements?

Francis gave the board a choice in amendments, and the board preferred the more flexible version allowing for businesses that change franchise or ownership to replace part, rather than all, of a sign.

Dennis Smith said that the board hadn’t addressed his concern about the changed definition of a “sign” in the new rules.

Michael Bosworth asked that the permitted use of having a kennel in the rural district be changed to a conditional use, so neighbors could have a say in the plans. The board agreed.

Smith had more to say. “I’m fighting a losing battle here, and that’s why you don’t see many small business people here. The changes are great, but I feel that they are token changes. The process went in the wrong direction.”

He said that Brattleboro should be making rules less strict, not more strict, to move us forward.

Gartenstein thanked him for his comments. “Thanks for coming, and raising concerns. We aren’t ignoring those matters, but this has been through a lengthy process,” he said. He and John Allen both hoped Smith would find the new regulations better, in time.

“Without your comments,” said Allen “we wouldn’t know what changes to make.”

Brattleboro’s new land use regulations were adopted, with minor amendments, unanimously.

Monthly Finance Report with John O’Connor

One third of the fiscal year was complete as of October, and Finance Director John O’Connor told the board that all town budgets are pretty much on track.

General Fund expenditures are at 35.7% of the annual budget. Expenditures in the Utilities Fund are at 34.2%, and 28.3% in the Parking Fund, of each’s annual budget.

As of October 1, the new Solid Waste Fund revenues (bags) and expenditures (collection costs, tipping fees) are at 34.9% and 28.3% of their respective annual budgets.

Brattleboro has loaned out just under $4 million and has just over $310,000 available for additional grants and loans. The town has 39 active grants and six more in the application process.

Town Manager Elwell said there were a few items on the budgetary horizon related to mechanical things and equipment failures, which he referred to as a symptom of having a poor long-term approach to replacing equipment. He hopes to have the town replace equipment when it is old, not when it fails entirely.

Elwell said it would take years to get there, though.

Farmland Tax Stabilization Agreements

A few farm-related matters came before the board on Tuesday night, and all were approved.

Fair Winds Farm has been divided into two parcels over the last few years, with Wild Carrot Farm joining the Baileys at their location on Upper Dummerston Road.

A new Farm Tax Stabilization Program agreement has been drawn up for Wild Carrot’s operators, Jesse Kayan and Caitlin Burlett. 

Each of the two farms now has a tax stabilization agreement.

Brattleboro enacted a new waiver program for farmers hoping to see reduced taxes. In years when the basic threshold for tax relief is not met (2/3 of the income coming from farm-related activities), a private review committee meets with the farm to see if the tax relief should continue.

This season, the review committee met with three farms, and found that there were reasonable explanations for keeping two farms in the program, and the third was going to close down.

The Thurber-Ellis and Robb farms are still very much agricultural entities and will remain tax stabilized. The Chamberlin farm is being closed down.

FY17 Budget Discussion #2

Town Manager Elwell presented the selectboard with information regarding general fund revenues and plans for capital projects and equipment for FY17. This continues the board’s extended conversation about the budget from last week.

Elwell took up general fund revenue items first. He reminded the board property taxes would be increasing, possibly a 4 cent increase. Then he moved on to non-tax revenue.

He explained that dog license fees would be going up. It’s one town fee that the state takes a cut of, and that cut has been increasing. Even with increases in fees, the result is only an additional $1500 of revenue. “The scale of non-tax revenues is small,” he explained. “Even a dozen wouldn’t add up to much.”

Planning permit fees will rise, and a small amount of increased income is expected.

Revenue from the library copier is expected to rise. A new copier is coming that can do new, fancy tricks that people will want to use, they hope.

The cost of having a banner over Main Street will rise to $150 a week for Brattleboro organizations and $300 a week for those out of town. This will double the sign revenue to about $11,000 per year.

False alarm fees charged to those who have multiple false alarms will increase.

Some recreation program fees will rise.

David Gartenstein said the board would continue to look at ways to increase non-tax revenue, such as an income tax, or a Payment in Lieu of taxes program for non-profits.

“18% of property in the town is exempt,” said Gartenstein. He looked to the Town Assessor for confirmation of the percentage, which he got.

“That includes town property,” continued Assessor Russell Rice.

“Okay,” said Gartenstein. “I’ll move on.”

And he did, to Recreation and Parks. He pointed out that the budget showed income for programs not paying the full cost of those programs, and hoped the town would look at the fee structure and make sure that programs are self sustaining, or be able to explain why the programs are worth subsidizing, as we do with social service programs.

Elwell noted that Recreation and Parks has more outside donations than other departments, and athletic associations contribute to the costs of some programs. He promised better data in the months to come.

The town’s capital plan is now split in two, projects and vehicles/equipment. This is the start of a long-term plan to control costs.

For FY17, the projects will include the sprinkling system at the Municipal Center, renovations at the library, street paving, sidewalk repairs, repair of the retaining wall on Bonnyvale Road, a fix for the swimming pool leak, and window replacement at Gibson-Aiken.

Gartenstein pointed out that in coming years, the capital needs are greater than in FY17.

John Allen wondered if the town could skip Municipal Center repairs and just pay a fine for our fire violations. The Town Manager said it would be “a very bad thing on many levels,” citing the cooperation and accommodation the state has shown in giving the town time to address issues.

Other needed repairs, said Elwell, were up for discussion.

On the Vehicles list for FY17 are a dumptruck and two police cruisers. Elwell said the long term goal was to have a stable program where vehicle repairs and replacement can be part of the yearly operations budget.

“These numbers sort of scare me,” said Kate O’Connor regarding the substantial needs and costs.  “You’ve done a super job but I’m waiting… “

Elwell said not to worry about the numbers tonight. He’d have different, possibly less happy, numbers to worry about by spring.

Gartenstein suggested they tap into the Fund Balance (reserves) to apply toward previous debt, possibly lowering the amount in loan and bond payments made each year. Elwell said he’d look into what could be paid off early without penalty.

More budget discussions will take place next week.

Town Energy Consumption

Paul Cameron and Michael Bosworth gave the board a preview of an upcoming annual report from the Energy Committee, informing them of some interesting data points about how the town consumes energy.

Cameron showed the board charts of trends in town energy savings, streetlight operations, electricity, heating, and fuel used by town vehicles, with data since 2001. Some costs, such as electricity for streetlights, have gone down. Other costs, such as heating costs, have leveled off in recent years.

The Energy Committee is also currently working on energy audits of municipal buildings, and hope to have recommendations for specific projects and projected savings by the end of the year.

David Gartenstein suggested they check with town department heads and the town manager before making any recommendations, so that when the selectboard reviews them they can know that they have been fully vetted.

Comments | 1

  • A few thoughts, by way of commentrary.

    They didn’t exactly say it, but it seems Tim Johnson is retiring. A well-deserved break, I say. Tim is a relentless radio reporter, always decked out with his gear, ready to push the record button.

    We’ve bumped into Tim at town events for over a decade now. We’re exhausted from covering an election or something, then we run into Tim and find that he’s been at 4 town meetings that day, chaired one of them, and still has a few more to get to. Then there’s a girl’s basketball game to announce. And up again before dawn to do it again the next day.

    I won’t reveal any of his stories (perhaps a book will be forthcoming,) but it’s always been a pleasure to hear about “olden days” of Vernon, Guilford, and Brattleboro from Tim whenever there’s some time to kill. Cows, tractors, beer…. it all adds up to some very funny stuff.

    I’ll do my best to fill part of his shoes with my promotion to new “senior selectboard reporter,” but no one can replace Tim. No one.

    This meeting shows an example of how a some public comments, even at the very last minute, can be accomodated (Bosworth’s suggestion). And also how some are acknowledged and ignored (Smith). The difference was in the request. Bosworth was very specific, Smith was very general.

    ….

    I find it interesting that every month our Finance report shows us “doing well” but we’re in debt, can’t afford our needs, and struggling. The Finance report is just a look at whether we are sticking to our budget, of course, but it is a bit like seeing a very ill relative in the hospital and a spcialist telling you their blood is A-OK. You know they are not well, but the one report is good.

    4.5% tax increase plus Police Fire projects could come close to a 10% increase, said Gartenstein. Then add in school taxes going up, and increases in fees and such.

    The town seems to be in a very libertarian budget mode these days – that is, looking at what everything costs and making everyone pay for it. They aren’t being very conservative and cutting. They aren’t being very progressive and spending. We should all expect more fees for existing in the years ahead.

    I like Elwell’s drive to get us to pay cash rather than borrow. It may be a hard sell to retirees who want low taxes no matter what, I think, but worth the try.

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