Despite the weather conditions, the Brattleboro Selectboard went forth with their first meeting of December. Being a very long meeting, I decided to jump in somewhere around the time of the discussion of health care changes and voting on RTM, which appeared on the agenda for roughly 8:15, which was actually more like 9pm.
The board covered the DPW, Rec & Parks, Library and DID budget requests. Interestingly, they decided to hold public hearing to gather important feedback from the public about declaring an emergency and making it more difficult for social service and charitable use organizations to exist. This will be at a special meeting of the selectboard to be held December 22nd, overseen by Mr. Potter.
Preliminaries
They start late. : )
They are doing it. They also started their meetings today at 4:30pm, so they are already tired.
Isaac wants removal of encampments be on the agenda Jan 6.
Liz – we discussed it and will put it on sometime in January.
Isaac wants a vote on it to be put on the agenda. He explains the rules to the Chair and Town Manager. Makes a motion.
3-2 – it passes and will be on the agenda in January, with specific people invited.
Liz – I don’t have any remarks other than to remind people of the rules of speaking. Because of the snow she’s like to limit comments to 2 minutes, for safety.
Town Manager Potter – petitions for officers, and RTM members, etc will be available soon. Due back by 5pm January 26th. Elections will be March 3rd at the American Legion. RTM will be March 21st at 8:30 at the BUHS gym. Check with TM Office before planning events on public property. We’ve had late calls. Get requests in early.
Oscar – I wanted to say that I’m glad we are trying to have the conversation about homelessness and public safety. I had a great meeting and will make some information more clear about personal belongings being moved. I bring it up because town staff is doing a difficult job when they clean up campsites. It is a painful job for them to do it. They do it with a smile. I hope we can recognize the impulse to do something for people living in tents in VT in the December.
Amanda – free sand across from the town garage! Soft and available. Thanks to DPW for plowing and cleanup.
Isaac – thanks to all, especially DPW for snow removal. The Turkey Pro had more than 300 people and raised money for food. The Living Memorial park is open for the skating rink and the ski hall should be going soon. Also, the miniatures – fun to see it in businesses. The shelter at Town Crier – vision and work has gone into this. It is emergency shelter. Sunday there was a vigil for National Guards shot in DC. The Afghan Alliance condemned the shooting and said it was the act of an individual. (reads statement) ECDC… thanks. No trespass order update – we need to understand the impact of our policies. We all want Brattleboro to be the best it can be.
Liz tries to skip the public…
Eric – I have a statement I worked on… (Heidi reads it) How does Brattleboro solve its problems – the fee for trash bags. For those not here, DPW’s plan was approved, the bag price was determined to be too high, so a fee was added. Town employees were instructed to create a plan. Town is in a financial crisis. We can’t meet the needs of everyone in town. Trash bag motion was an outline of an idea with many unknowns… what cost? What consequences ? Who benefits? Will town employees have to do more work? Will all town services be on a sliding scale? It is difficult to remove once implemented. It is a slippery slope. I ask you to rescind it. I do not mention every action of the board – it has a large ongoing impact and was not thought through.
Jamie – Ron zooming in – my client is there for a consent agenda item. J & K Grocery. I wanted to mention I represent Mr Wong I can answer them. Thanks.
Ken – I spoke at the Nov 18th meeting and it wasn’t included in the minutes – was it not worthy enough? An oversight?
Kurt – I work with Brattleboro Common Sense – there is a lot of attention around the budget, and there may be a budget referendum. When that happens, the board makes a little tweak and people say OK. It will require more than a tweak. The board is overworked. We don’t use RTM enough. The Selectboard is to handle day to day affairs, and RTM is to be a source of ideas and proposals and commentary for the town, by the Charter. The selectboard has stayed in the way. You have new things on the agenda all the time. You are not using or allowing the RTM to rise to its potential. Over the years it is going to have to come. The job is getting heavier and heavier.
….
Amanda wants to pull the J & K Grocery from the consent agenda – it now goes at the very end. 4-0-1 (Peter is “present”) but Liz decides to do it now instead.
Okay, I’m off until 8-ish. They will talk consent agendas, DID, and departmental budgets until then…
ILLEGAL VOTE Attn: town attorney
That’s what I thought I heard, “4-0-1”. How long has this been going on ? There are only five select-persons.
ILLEGAL VOTE - attn: town attorney
Under the town charter the town manager is not a member of the selectboard.
What I heard
4 – in favor – Liz, Isaac, Amanda, Oscar
0 – against
1 – “present” – Peter
Selectboard Overwork
The citation about RTM from the charter is, “It is a guiding body for the town and a source of ideas, proposals and comments, . . .) The charter gives the board a long list of administrative tasks. Guidance is not among them. One of the reasons the board is overburdened is that it tries to handle matters that properly belong to RTM.
What I heard
Does that mean the chair is expecting a vote from the TM ? Are votes often taken this way , Chris ?
Intermission
Well, I just checked in for a moment.
Liz is snippy (reminder, they’ve been meeting since 4:30!), citizens are asking questions about the DPW budget, supplemental requests, and $870,000, and it is just about 8 pm.
They are more than 30 minutes behind schedule at this point (still discussing DPW), need to take a break, have 30 minutes assigned to the Rec & Parks budget and 15 minutes to the Library budget, which would bump the health provider discussion previously scheduled for 8:15 to … oh… gee… early next week?
I’ll check in at 8:45 to see where they are on the agenda.
Checking In
They’re getting useful information about Rec & Parks, discussing vehicles & hiring new staff, overall personnel costs, the pool needing repairs, and more, but the board is now about 45 minutes behind schedule.
Library is supposed to take 15 minutes. We’ll check back at 9pm to see if we are at the health provider change item or not. Fingers crossed!
The 9 O'Clock Hour
It’s 9 and the Library is moving along quickly but still a bit behind. Did you know that of their budget , 3% of it goes to “materials” for patrons. Wasn’t clear what the percentage of that 3% is devoted to library books. They plan to do outdoor site improvements soon, among other things.
Looks like it could be another 15 minutes until I start, assuming they take another short break after this. Maybe.
Health Provider Change
It’s 9:18, an hour behind schedule, and they are starting the items I said I’d write up tonight.
Human Resources Director Sally Nix – thanks. Open enrollment started today! We’re moving from Blue Cross to CIGNA, thanks to help from Richards Group. We’d move to CIGNA. Same type of high deductible plan. Apples of different species effective Jan 1st. This will create 2.1% cost increase, less than the 17.2% for Blue Cross. We do this by calendar year. These need to go before the union negotiators. CIGNA is 95-5% split (employees 5% contribution).
Amanda – this is simple and I appreciate the cost savings.
Oscar – I agree, the numbers – no contest. It saves the budget to have this option. For FY 26, this year, we will see prices on jan 1 for half of the fiscal year. Will that come in ahead or behind budget for this year. Will we see a savings?
Potter – trying to remember what we did last year…. don’t recall.
Pete – I’m good. Tremendous find. Hats off to everyone.
Isaac – it looks – $434,000 less? That’s what I’m seeing. That’s almost half a million.
Sally – thanks to the Richards Group.
Potter – thanks to staff and unions, too. It is a disruption to them.
Liz – I appreciate the out of the box thinking that went into this.
motion to approve the change…
5-0 – approved!
RTM Question on Ballot
Attorneys Bob Fisher and Hanna Clarisse
Potter – this is about discontinuing RTM, and if approved would take effect immediate. Locations and meetings dates are available for both options. If RTM, there would be district meetings and caucuses and informational session on March 11, and RTM on Mar 21, … if Open Town Meeting, it would be April 11, with an informational session on April 8th. There is further info in your backup materials from the town attorney about a selectboard article vs citizen petitions. They have a recommendation.
Bob Fisher – we recommend that the board warn this on its own motion to be on the March vote on the 1st Tuesday is that it allows the voters of the town to decide the question to have RTM or to discontinue it, and not have it held up at the legislative level. RTM remains in effect until a vote to discontinue it. Petition and charter amendments go to the legislature for approval, and that can take a long time, so if the board warns this, you have an immediate decision, and then we have plans for either type depending on the outcome. Hannah put together a nice chart on how the vote could go. If it is on the ballot by the selectboard and the vote is to not discontinue, then TRM stays in place and the petitions are moot. If the answer is yes, RTM would be discontinued, you’d have an Open Town Meeting, then you’d vote on the petition changes and those could go to the legislature if they pass. This is our recommendation. It is the will of the people immediately without holdup at the legislative level.
Liz – a motion?
motion to put this on the March ballot…
Oscar – question for Bon and Hanna – you say, in the version where we put it on the ballot and the vote is no, you say the petitions become moot… they are officially legally done with?
Hanna – yes, the statute says that a town using RTM must continue until a vote is to discontinue.
Oscar – the petitions would go away?
Hannah – yes, we are in uncharted waters. We are the only town to do this and voting to not do it. The statute says we need a town wide vote to discontinue before a charter amendment.
Bob – I agree
Oscar – I have questions for us – my hesitation is that it creates weirdness about what we’ll have, and people will campaign for RTM slots and that could go away, so I’m not so sure.
Pete – if you run and RTM goes away, you are still going to RTM.
Hannah – the result here is immediate. If you wait for the legislature, they could sit on it for years. Since 2022, charter petitions that are complicated tend to languish. This solution allows you to mitigate the uncertainty a bit.
Isaac – I appreciate it and don’t see why not to follow this.
Pete – I can weigh in more. I think RTM was a unique concept, but it has run its course. I’m excited to see if constituents agree with us. I’d be in favor of the motion.
Liz – I’m in favor of more democracy than less. Bring it to the voters.
David Gartenstein – I support the article, and recommend that you consider language that would give the alternative clear wording, showing both alternatives would help to clarify the ballot issue for the voters. I’d also note that considering the two petitions. There is chatter that they are inconsistent, but I’m not sure that’s true. You could have Australian ballot as a check on town meeting (RTM or Open), and it could say so in the Charter that there would be an Australian ballot on the budget. That would satisfy many of the people wanting the Australian ballot. You might want to consider it depending on what happens. Charter commission could take it up again.
Oscar – if we approve this motion, war’s the process… we’ll see language at he end of January? (yes)
Liz – we need a neutral statement about the items mean and their effect.
Potter – if you approve this and warn it on the ballot and it passes, when you do the warning for the April open town meeting warning you could include an article about an Australian ballot.
Kate – I agree, sort of and sort of disagree with the town moderator. This is nuanced, but when you vote to rescind RTM, it doesn’t mean Open Town Meeting is chosen, it defaults to it by state statute. It is not a choice. The choice comes from the charter amendments. It needs to be clear and it is hard to wrap your head around. You are voting to rescind RTM and you then get Open Town Meeting by default. We’ll be back with our Charter changes after the votes. Don’t rush ahead when other things are brewing. It is a complicated things and your head can explode.
Hannah – to what Kate says – if you rescind RTM, it nullifies them in the charter. Some other charter things are by Australian ballot already that won’t be open town meeting.
Bob F – like bond voting. By statute it is an Australian ballot.
approved 5-0
9:45pm – amazingly almost back on schedule…but.. a five minute break.
Interim Bylaw Social Assistance
It is 9:50 and they have been in meetings together since 4:30 this afternoon. How many inches have snow have fallen since they began? Also, everyone looks cold. Hats and parkas are in use in the room.
Potter – Planning Director Sue Fillion to discuss changes to Brattleboro’s Land Use and Development Regulations regarding permitted and conditional uses
Sue – thanks for entertaining me on zoom tonight – the weather wasn’t great. I’m here to talk about permitting and land use works for social assistance and charitable services. This has come up. We’ve received a lot of questions about how 69A received permits. The thought here is to share info about the uses and see if you want to explore further. We have a use called charitable service or social assistance, permitted in many districts – in the village center, urban centers, neighborhood centers… Putney Rd, downtown, along Canal Street, Birge Street, Winston pouty, The Retreat BUHS… so permitted uses are allowed by right. If the use is permitted, then generally a permit gets issues without a site plan review, especially in an existing building with no changes. We post the permits. It’s a transactional transaction. The other way its to go before the development review board – for conditional use permits. Then different aspects can be examined in more detail – whether it would have a cumulative impact that could impede development. If the selectboard wanted to change this particular use of the social assistance and charitable use – you could do an interim zoning bylaw – you could hold a hearing and decide whether to change the use from permitted to conditional. There are pros and cons. For conditional – pros could be making sure it fits the area, mitigate negative effects, more public.. cons of it, it will be more expensive and take longer, there is a potential for appeals and delays, and restrictive conditions could be put on a permit. That’s my presentation.
Liz – thanks, very thorough. As a planner for over 40 years, I believe in conditional uses.
they make a motion to make it a conditional use, and Dec 22 would be the hearing to take public comments.
Pete- warning a public hearing puts this into a realm of people showing up to give testimony – yes or no. In that democratic process I’m in favor of hearing what people ant and don’t want. Sometimes they serve a purpose, sometimes not. A public hearing is a good way to go.
Liz – it is a public hearing, then we vote.
Oscar – is social assistance being permitted – is that standard? Unusual?
Sue – Burlington has certain districts – everyone has different uses. They were not as permissive as we are. I can look closer for the public hearing.
Oscar – what would trios mean for permits already issued.
Sue – no effect. They don’t expire. They continue with the use. There are social services in the downtown area and those permits would not expire.
Amanda – is there a precedent of an interim zoning amendment?
Sue – yes – we during COVID we did one to get rid of density standards, then we made it more permanent within 2 years. The board did it in March to upset areas that have water and sewer. It has been done.
Amanda- does this only apply to bricks and other mortar uses?
Sue yes.
Amanda – a pop up?
Liz – in a physical location? You expect popups?
Amanda – just a question…
Ivan – like Food not Bombs …
Sue – it wouldn’t cover popups, especially on town property.
Isaac – a number of questions. The first thing… it is my understanding that VT allows interim bylaws as an emergency measure. Is it an opinion that resident complaints are a legal emergency?
Bob F – we have had it in the past that have had lesser situations. It is for the board to decide. If issues of at 69A, it could be emergent.
Isaac – the definition of emergency is something people have been interested in. Which establishments were complained about, how many complaints, and could the board review them?
Sue – it was 69A – it was questions about how it was permitted, concerns about use of the sidewalk, and impacting other businesses on the street.
Liz – were there police complaints?
Potter – yes, a number – 5-10 people who asked me if this is an art space or something else. many questions have come up due to the nature of how it went down. We could bring something to the public hearing if you go forward.
Liz – we have had other social service agencies come before us, and we question their ability to be better neighbors and this comes to the heart of it. We are left to request they be better neighbors and make sure clients aren’t leaving needles. It’s not just 69A. It wou;d be great, but so many uses are grandfathered we are asking people to be better neighbors.
Isaac – were the businesses identified so ^(A could respond?
Liz – they will at a pubic hearing
Isaac – what are the impacts of adding this to the system
Potter – you could ask it at the public hearing
Isaac – what would the staff time be for preparing the materials for the hearing and the work for drafting the change and hearing required in the future.
Potter – just doing what’s in the backup materials.
Sue – we need to place an ad and file a report with it. For future hearings, lots of people have them, there is a fee and I takes some time (45 days) to get a permit, plus $250 fee, plus abutter notification.
Pete – more, less or the same as doing a public hearing.
Sue – about the same.
Isaac – at this time of heightened need – climate, housing and addiction… I am interested in lowering the barriers to those who want to help neighbors. What is the problem we are trying to solve. 69A is moving further from Main Street. They already have a permit so it won’t impact them. It’s about the future. One concern is around NIMBYism. There is social good but not everyone wants it in their backyard. When you open this up to the desires of the neighborhood – we want to make it easier. AS for a public forum on this issue – the we did the downtown safety conduct ordinance? The process of that? I don’t know how much value that process added. If there is a problem with an establishment, let’s ask questions, like we did with Groundworks. I’d like for us to address things head on, and if we have a problem with an establishment we talk about it. As for conditional use for social services, I have concerns.
Pete – let’s assume everyone wants a warm place for everyone at night . It needs to be managed in a way I did NOT see at 69A. I’ve gotten pictures, calls, complaints. That’s where this is stemming from. I understand the fear of having a public hearing. We’ll hear people who are generally upset and find warm beds for people. We need to create better neighbors, and sometimes we have to govern it a bit. 69A as an art space was misleading – we all know it was not an art space. It served a need. I don’t know it was done correctly or incorrectly. A public hearing is something we both have to endure.
LIz – Brattleboro has so many non-profit land uses. More than any other town in VT. WE need the interim law become some uses require greater scrutiny, and some can be better neighbors. If we think that through, mutual coexistence can be assured. We need a compatible space that works with what is next store and across the street. WE did have a lot of complaints about the impact on the neighborhood and we can do a better job of uses getting along and not causing controversy.
Oscar – to give my comment. I understand the angst around 69A and don’t disagree with characterizations. I’m hoping we won’t do this. First, yes we can say it is emergency. I can’t say this is an emergency. The organization is moving and already permitted. I’m uncoformatble with a tool this broad.
Sue – zoning permits are with the land not the organization.
Oscar – until changes, they could get a permitted use transactionally…as is now. (yes). I’m a little uncomfortable with a tool this broad. It is a reaction to one organization that won’t be affected by this new rule. I feel like this is the wrong tool for the job and won’t hit the nail on the people are talking about. I’d hope we look for other solutions.
Pete – this is focussing on 69A at this juncture, but not a new conversation. Groundworks had to find a new site. we investigated 6-8 different locations, and the pushback was tremendous. People have the right to quiet enjoyment, and that’s what we are speaking about here. You can’t control who moves in. I have great neighbors now, but don’t control who might move in someday. I am philanthropic and raise money for food and other causes. To label this as not… the downtown merchants had great concern over that. People in the immediate drop zone of that… I had to listen to it.
Oscar – Groundworks was still a permitted use, and the pushback impacted your decision.
Pete – we worked with Sue and the planning department, and the neighborhood…
Liz – if there were conditions on that approval, all parties would know and everyone would adhere to the conditions. To have better neighbors.
Amanda – themes are accountability and risk management. It’s our responsibility to do this, anticipate issues rather than changing the puck, What we are doing – a public hearing will create a conversation and hear about the organization’s strategies. Neighbors of 69A reached out to me to express that they worried about ANY business opening there. We have to anticipate the pucks. We are compassionate, but must do it within a scope so we can work together.
Liz – and that’s what land use regulation is all about.
Amanda – we all have to deal with land use regulations.
Liz -a condition makes a use more easily understood to be compatible with its neighbors.
Ivan – this conversation revealed two things – there is no emergency. An interim zoning change is completely unnecessary. The major thing is that the concern that is intended to address is too many poor people will be visible downtown. That’s what everyone is describing in the gentlest terms possible. People might notice them if they are in a group. It’s disgusting.
Kate – my comment is on process. If your idea of a public hear is to give everyone a chance to talk about this, so you get enough info to make a decision? A public hearing on Dec 22nd in 2 weeks? Why not wait… Dec 22nd public hearing? Do yourself a service by waiting for a time…December 22nd…it doesn’t serve the community.
Oscar – reasonable point.
Bob – I guess a couple of points – the conditional use. if I’m an organization, say, a restaurant. And I got a permitted use as a restaurant, then somewhere there is a conditional use… I decide that on Friday I want to do free meals – is that social assistance and charitable… I’m permitted as a restaurant but not as social assistance? Am I in jeopardy? Also – I like the idea of finding ways to become better neighbors. I wonder if there is a way to cobble together a process to reach out tot he former 69A and figure that out. Peter had show on people getting together on shuttle diplomacy – that might be better than a declaration of emergency. maybe just talking to folks, opening a dialogue. The whole idea of an emergency – I have a problem… if everything gets called an emergency to get moved forward – they aren’t really emergencies, just parts of our society. So if you have the permitted use for one use but do social assistance, are you now in trouble?
Sue – land use is based on the principle use of the property – a restaurant could give away meals a day or two a week.
Amanda – the dialogue – I understand our town manager was involved in quite a bit of dialogue.
Potter – it was rebuffed…
Marta – I’m confused. I came thinking there was formal complaint and staff investigated it. Surprising to see it come up based on complaints or allegations, but nothing specific. There are a lot of misconceptions of 69A. It’s open during the day, art is for sale there, 50-50 split with the artists, people making repeated complaints are harassing people who have done nothing wrong. I’ve sat there for hours. It is calm, helpful, a place to get food, clothing, sunscreen. You are jumping to “they are bad neighbors”. I’ve been around there a lot. I’ve never seen anything like that. There is a sign warning people not to use drugs there, and people get no trespassed. The assumptions are hostile, so the communication might not be welcome. This isn’t an emergency. All we have are word of mouth, people texting people. No way to see if the allegations are something the town should get involved in.
Liz – is there any more discussion?
Isaac – if we had invited 69A… I received on long letter with many concerns about the homeless downtown. if we had invited the folks running 69A and exhausted all our other options… I had three meeting there over the last few months. That would have been an opportunity to discuss concerns. I didn’t hear any. Planning director isn’t sure if she has any written complaints. The emergency is people were suddenly without shelter this summer. When you put up more barriers it makes It hard for the other social service agencies… I’d be open to talk after the budget – look at all the permitted uses – of housing and boarding houses. There are many things that could be… I don’t think we should single this out. I move to table this to a time we can discuss all public uses.
Pete – like a public hearing? Chief Hardy could give us evidence. This seems to be the catalyst for the conversation -we don’t want to eliminate the services, we want the downtown district.. we don’t want them in the DID and that’s what we want to discuss.
Amanda – the timing issue – I think we should do it on the Dec 22nd date. Set it. let’s do it. Let’s do it.
Oscar – I’m not sure if you can table something after a motion has been read…
Potter – asking the person to withdraw the motion…
Oscar – we could have tabled…
Isaac – I withdraw it… and offer to make a friendly amendment to strike the social service and charitable and allow any we want to ..
Pete – not approved as friendly…
Vote to have a public meeting on an important issue during a holiday week.
3-2 – there will be a public hearing
The budget update is last. I’m done. Read that memo for details.