Braving snow, ice, treacherous roads, and cold weather in the meeting room, the Brattleboro Selectboard pressed on to carry out the business of the town. By the end of the night, almost all in attendance were wearing some form of hat, coats, sweater, scarf, or gloves. Everyone except John Allen, who sat in short sleeves all evening.
The board again warned of a rise in property taxes. They reviewed the slow pace of the PACE program progress and noted the many hurdles that still remain. The Red Clover Commons preliminary plans got a nod of approval, they learned the cost of the Elm Street bridge repairs, and approved planning grants.
And what will seem like a rare gift from the board, they voted to refund money to taxpayers fined for late Homestead Declarations last year.
Preliminaries
Chair David Gartenstein began by saying he had a “list of things” to share during his remarks.
First, he wanted to extend condolences to family of Mr. Narratt hit and killed by a driver that fled the scene of the accident last Friday at Union Hill. He said it was a tragedy, and made note of the compounded problems of a driver leaving the scene of the crash. “Not only did they fail to stop and find possibly life-saving help, they left someone in the road that was nearly hit a second time.” If anyone has any information, he said, please come forward.
His second announcement was a reminder for drivers and pedestrians to be careful and aware of one another.
He noted the delays caused by the stuck truck on the interstate highway yesterday, thanked the Department of Public Works for clearing snow from roads and sidewalks over the weekend and Tuesday, and announced that petitions are now available for anyone planning to run in the upcoming elections. “Anyone interested should take out a petition and run,” he encouraged.
“I’m still thinking about it,” answered John Allen.
Gartenstein’s final two remarks were about economics. He wanted to remind people to help the needy this season by contributing to the many programs for assisting people in town. He also wanted to let people know about upcoming tax increases.
“We’ve been heavily engaged in budget discussions over the last few weeks,” he said. “One thing is clear – the town’s budget is about as tight as it can be. There is little left to cut. Structurally, to maintain core and vital services, we are facing a substantial tax rate .
He said it has been a difficult process, and the board has had help from town staff.
“There will be a substantial tax increase here, despite our best efforts,” he cautioned.
Interim Town Manager Patrick Moreland said he was inspired and impressed by the work of the Police, Fire, and Rescue, Inc. “As ordinary business, they are required to respond to some gruesome events. Their manner and professionalism is inspiring.”
For Selectboard comments and committee reports John Allen had a single question, asked for emphasis. “Did you mention the budget?”
Public Participation
Three residents of Upper Dummerston Road came to the board expressing concerns about speeding and detours.
Mark Truhan said there have been fatalities, pets killed, and accidents on Upper Dummerston Road. He said he worried that people using the detour from Rt. 30 would do so at a high speed, or overweight trucks would use the road and cause damage to it. He asked for common sense from drivers, but more specifically he hoped the Selectboard would increase the police presence at the intersection.
Patrick Moreland said that Rt 30 closures would be limited to 48 hour periods, and those closings would also be limited. He said that there would be additional police assigned to the area, and large trucks were not allowed on the road.
An unidentified woman agreed. “The big picture,” she said, “is that people are going 50 to 60 mph on the road. That’s my concern. Something has to be done to stop the speeders. Maybe speed bumps.”
Former Selectboard vice chair Chris Chapman joined the chorus. “I’m pleased to be on this side of the table. I can go have dinner in a while. Jealous?” he asked as he began his remarks to the board.
He said his family has been on Upper Dummerston Road for 57 years. “The elephant in the room is respect for the neighborhood and the law. We need to keep our society civil and free of stress from people breaking the law.”
Chapman said that dogs, deer, and turkeys have been hit by speeding cars. “Once again, it’s a matter of maintaining our sense of community by way of respect for our community along this stretch of road,” he concluded.
James Banslabin thanked Chris Chapman for his service, and Don Dompier for volunteering with the ice rink repairs. “I’d like to thank Missy and Dick Degray. They gave me this hat.” He pointed to a very warm looking faux fur-lined object on his head.
Tim Johnson and Steve Cormier from WTSA were on hand to accept a proclamation from the Town of Brattleboro naming December as Project Feed the Thousands Month.
Johnson said they had raised the equivalent of 107,000 meals and $70,000 so far, but the goal is 200,000 meals and $100,000. He said that people with jobs are now dealing with hunger. “I’ve been there myself.” he said. “Brattleboro is a giving community.” He thanked all for their support, and said that WTSA and WKVT would be at Hannaford this Friday collecting. He encouraged folks to drop by.
Liquor Commissioners
Brattleboro will have a new night spot called Vibe on Elliot Street, and the owner was granted a first class liquor license for the establishment by the Brattleboro Selectboard at Tuesday’s meeting.
Vibe also asked for and received an entertainment license, on the condition they quiet down at 1 a.m. The new bar/club, owned by Hicham El Alaoui of Astoria, N.Y., will be located at 19 Elliot Street, previously home to the Inferno. He was unable to attend due to the weather.
Windham Wines received an educational sampling permit for a wine tasting event at their Putney Road wine store on January 11 from 3 to 8 p.m.
PACE Program
The discussion around the implementation of a PACE (property assessed clean energy) program continues, but the program is still not ready for implementation according to the Town Attorney and Finance Director John O’Connor.
The Brattleboro Selectboard was given an update on the status of the program’s implementation. The short version: concerns remain, and answers are elusive at the moment.
“I asked for this to follow up and get a report on how it is going,” said David Schoales. “The program opens again on January 1st. Energy projects bring economic activity to town, and save people energy costs when work is finished.”
He said the program would help people who can’t otherwise get loans for energy improvement projects. “It’s an advantage to the town, and fits with the Town Plan. I understand there are concerns. Other towns haven’t found these difficulties we face. I fear that we have a surplus of caution. I don’t see the liability.”
“I have no doubt that energy projects are worthwhile investments. The concept is fine. The manner in which the program is structured raises concerns,” said Patrick Moreland. “It has been sold as something that will be no burden to the town, but to satisfy auditors and lawyers it will take lots of work.”
He said legal and accounting questions raised at earlier meetings have not been answered to the Town’s satisfaction, and questions remain for other participating communities, VEIC, auditors, and Vermont’s bond council.
Attorney Fisher had previously listed numerous issues with the program as initially described, including references to Town bonding, accounting issues, unanswered questions about advancing funds, delinquent payment collection, and the definition of a tax.
Moreland said no one could tell them how the accounting would be handled, and other towns that have implemented the program said they did no legal review of what they were signing. “I feel one is warranted. The towns now are concerned about what they adopted.”
Our auditors can’t give us direct advice on how to account for this – there is no clear guidance.
Michael McGillion of the Town Attorneys office said the program seems great, “but implementation isn’t there yet.” He said there was an additional concern: no mechanism to collect, short of a tax sale.
“If someone didn’t make a payment for PACE, the town would foreclose?” asked Schoales.
“It is one mechanism. It’s a concern about collection,” said McGillion. “Like a marriage, one hopes it goes well, but you might want to think about the exit policy. What if the PACE payments aren’t paid, but taxes are? It’s hard to see how they want the money to flow through or not through the town.”
“They don’t know?” asked Schoales. McGillion said they had received no good answers yet.
Schoales asked how they should proceed. McGillion said the burden was on VEIC to explain how it works.
John O’Connor said he had talked with other towns and auditors and no one could explain how to do the accounting for the PACE program. “I’m not comfortable jumping in without knowing how we’ll account for this,” he said, adding that it should work itself out over time.
He assured Schoales that “things are in the works. We are trying to get the answers we need.”
“Are the auditors working on this?” asked Schoales.
“They don’t know how to do this,” answered O’Connor. “They haven’t decided. It’s not clear to them.”
Schoales was frustrated. “What’s the next step?” he asked, as it seemed the plan was to wait to hear from people who don’t know what to do.
David Gartenstein said there were many questions about how the program would work, and conflicting answers. “It says it is a special assessment district, but it’s more like a loan than a special assessment district. We do loans and have collection methods. We raised our concerns with the sponsoring agency, and they said do it yourself if you have concerns. We’re waiting for VEIC to satisfy us as to how it will work.”
“It’s near and dear to you,” began John Allen to David Schoales, who quickly reminded him that “Town Meeting Representatives voted for this.”
Allen continued. “I’m not a lawyer. Just because others adopted it quickly…there are concerns.”
Gartenstein asked if they should make a motion, or wait. James Banslabin suggested waiting.
They decide to do nothing Tuesday evening, and wait a bit for more answers.
Monthly Finance Report with John O’Connor
Finance Director John O’Connor presented the board with a financial update through November 2013 at Tuesday’s meeting.
The fiscal year is 41.7% over, and our General Fund operating expenses are running just slightly above at 44% of the annual budget. Semi-annual insurance payments account for some of that excess, but not all of it.
“I see nothing to be concerned about at this point,” O’Connor told the board.
The Utilities fund is at 39.1% and Parking Fund at 37.5% of their respective budgets.
Police-Fire expenses through November total $84,102.
Brattleboro has loaned out $4,061,063.70, and has just over $500,000 available for additional grants and loans.
Brattleboro is tracking 44 active grants, and has 15 in the application process.
“Why is it so cold in here?” asked David Gartenstein.
“It is unusually cold in here,” answered Patrick Moreland. “I apologize.” Jokes about the Honeywell system were heard.
“When is the final thing with Waste Water Treatment Plant…” asked John Allen.
Gartenstein said that there was no news to report, but that they would be taking up the contractual matter regarding delays and possible fines in an executive session. He said they would discuss matters and see if an agreement could be reached.
“It’s freezing in here,” he added, huddling for warmth.
“It’s in the 60’s,” noted Patrick Moreland, but it wasn’t much of a consolation. Gartenstein put on a hat and continued to try to stay warm.
Elm Street Repairs
Remember the big storms in September that damaged the Elm Street bridge? The repairs are done, and the cost will be $92,371.09 to Brattleboro taxpayers.
Steve Barrett, Director of Public Works, gave the board the report, noting that the weather event didn’t qualify for any state or federal funds. It wasn’t quite bad enough.
Gartenstein said they’d try to use FY14 surplus, if there is any, toward the expenses.
Repairs were able to be made quickly because Brattleboro had a fund balance that could be tapped rather than securing financing, but authorization from Representative Town Meeting is required to approve the expense.
The selectboard voted to put an article on the 2014 Representative Town Meeting warning asking to appropriate that amount from the unassigned fund balance to defray those costs.
The press table put on hat and coats.
Homestead Declaration Penalty Policy
After a short break to let the ASL interpreter have a rest, the board returned. Gartenstein and others had donned their gay apparel of winter coats and scarves, and it was time to discuss a penalty imposed on many homeowners in the last year.
A previous Selectboard voted in 2011 to adopt a penalty for late filed Homestead Declarations, but it differed from the state statute in significant ways. Lister Russell Rice informed the board of the confusions that have surrounded Brattleboro’s penalty policy.
The state, he said, has made a confusing matter worse by changing position on whether a homeowner is required to file the declaration, or if one was required at all. In 2013, for example, the filing was mandatory for the first time in many years, leading to $48,000 worth of fines being levied on Brattleboro taxpayers.
Interim Town Manager Patrick Moreland elaborated. A considerable amount of penalties were being levied on homeowners in Brattleboro, he explained. The penalties seemed out of proportion for not filing a form.
He told the board that Brattleboro’s policy varies from the state statute from which it derives.
Brattleboro offers no means of appeal, but the state mandates it. Our abatement criteria are unique, with fewer options than state policy. Brattleboro also requires a visit to a Homestead Waiver Committee rather than the Selectboard, as the state suggests.
“The state statute says we “may” have a penalty,” said Moreland, but “It causes harm to taxpayers. I’d suggest repealing our penalty policy, following the state statute as written, and deciding if we want to impose penalties.
“Will the state change their mind again?” asked John Allen. Rice said he doubted it, as things seem to have settled a bit.
“What mechanisms are in place at the state level to make sure we get the right tax revenue collected by the state?” asked David Gartenstein. Rice said the state keeps a list, and listers have to respond to them on a regular basis to ensure it is accurate.
“You are comfortable that homesteads and non-homesteads are properly identified?” continued Gartenstein.
“Yes, and there’s a substantial staff working at the state level, too,” responded Rice.
Gartenstein said it was a penalty in addition to paying the tax. ”I’m in favor of repealing it and not imposing the penalty if taxes are collected properly.”
“Having no appeal policy seems unjust,” said Donna Macomber.
“A terrible way to get money,” said John Allen.
The selectboard voted to repeal the policy, follow state statute, and end penalties. The board also did one more thing. To be nice, they decided to refund the penalties of this fiscal year to homeowners who paid them.
Red Clover Commons PUD
The Brattleboro Housing Authority returned to the Selectboard Tuesday with a request for a PUD (Planned Unit Development) for the new Red Clover Commons to be located near Canal and Fairground Rd. (464 Canal).
Chris Hart and Rod Francis made the presentation to the board. Francis explained that the town uses PUDs as work arounds for projects that don’t quite fit current zoning ordinances, but are generally in alignment with town planning.
One unique aspect, he said, was that a PUD becomes a zoning district for all time, unless the property owner dissolves it.
He told the board that the Planning Commission and Development Review Board have already reviewed the draft plan to make sure it conforms to the new Brattleboro Town Plan, and found that it does.
“Your role is to make comments and suggestions for them to consider as they go forward with actual plans,” he explained. He then listed the next steps, of returning to the DRB and Planning Commission, then public hearings, and back, and forth, and then to the Selectboard..
“That’s not very efficient,” said Gartenstein.
Francis agreed. “We use it as a way to warm up.” He said BHA would also need an Act 250 permit.
“What do we do today?” asked John Allen. Gartenstein said they were to decide if the proposed plan conforms with the Town Plan. He added that the upcoming zoning rewrite process might streamline the PUD process.
Chris Hart, of BHA, said that the development would be a 52,000 square foot building, three stories tall, with 53 apartments. Six would be fully accessible, and others could easily be converted. She said they had hoped to be able to move all Melrose residents to this location, but the site wouldn’t support it.
John Allen asked when HUD changed the definitions of elderly and disabled. Hart said it happened in the 1980’s as a response to the “deinstitutionalization of disabled people from facilities” and the huge homelessness problem that followed. “It changed public housing for everyone.”
She continued with a description of the preliminary plans for Red Clover Commons. “It is an interesting lot. It is commercial on one side and very residential on the other side.” She said they have been reaching out to neighbors and have tried to make the design more residential than commercial in appearance.
“We moved it closer to Walgreens to have more green space on the residential side. She said there would be raised garden beds for residents, and storm drainage and storm water treatment would occur on site.
She said they were still debating whether to have a pitched roof or a flat one.
“It’s New England,” exclaimed John Allen. “A pitched roof just makes sense.”
Hart said that traffic issues had been a concern. “We have an easement from Walgreens to use the driveway.” She said people could see the opening now, and it would be their entry and exit to a covered porch from drop-offs.
She said there would be 25 surface parking spots, plus 40 under the building for residents. “We really need them. Residents have visitors and people providing services need to park.”
Allen asked if they couldn’t get all Melrose residents into this new development.
“It really won’t fit,” said Hart. “Residents, neighbors and the town would be unhappy.”
Francis agreed. “One more floor is a much bigger impact, towering over everything nearby. It would be seen from the highway and the hospital, and would require more parking spaces.”
Hart said they would if they could but they can’t. She then moved on to explain that the architect would be using natural light, energy efficient systems, and solar panels on the roof. “Very green.”
David Schoales asked if the engineers were certain the storm water pond could handle a large storm.
“They are very mindful of the environmental needs,” said Hart, adding that storm water was another reason not to add more floors to the building.
Francis said that as part of the Act 250 process, a state stormwater permit would be required. “It will be reviewed.”
“Will the paving let water through in parking areas?” asked Schoales. Francis said it was too early to know for certain.
Donna Macomber asked when they planned to break ground, and what the selection process would be for Red Clover Commons.
Hart said they hoped to break ground next year. Seniority and safety would decide who moves first. She said they hoped to empty the most flood prone buildings.
James Banslabin asked about access for fire trucks, and fire safety in general. Francis assured him that local fire and emergency services have already been involved and will continue to review plans.
The board voted to approve the PUD concept plan as conforming to the Town Plan.
Municipal Planning Grant – Zoning Rewrite
Brattleboro’s zoning rewrite process received a bit of funding Tuesday night when the Brattleboro Selectboard voted to accept and appropriate a $20,000 grant from the Vermont Department of Housing and Community Development.
“It’s bloody cold,” mumbled Rod Francis as reporters in the room were seen putting on gloves. Sue Fillion, sporting a heavy wool coat, joined him at the table in front of the board.
The town match for the grant is $6,000, he explained. Francis said he expects the total cost of the zoning rewrite to be about $70,000.
“We had priority for this grant due to participation in the state’s downtown program,” reminded David Gartenstein
It’s a multi-year project, and these funds cover only a portion of the work that needs to be done.
The Brattleboro Selectboard voted unanimously to accept the money and spend it as expected.
Brownfield Assessment Grant Application
Brattleboro Planning Services was approved by the Selectboard to apply for $400,000 for environmental reviews at redevelopment sites around town. If awarded, the money would come from the Environmental Protection Agency. Sue Fillion explained the program.
Fillion told the board that about $200,000 would be spent for hazardous materials assessment; the other $200,000 would be applied toward petroleum assessment.
She said the Planning Services office could then help developers planning to use contaminated sites. “We’ve had a long tradition of industry. It’s standard due diligence these days. Banks require it before lending.”
She said Planning Services could help find funds for remediation which would help with redevelopment. This grant can’t be used to clean sites, but other funds are available for the remediation work.
The funding would be used for Phase 1 & 2 environmental reviews, developing remediation plans, neighborhood level environmental planning, as well as staff and administrative costs.
Kate O’Connor expressed concerns about starting a new program in a time of belt-tightening and wondered what happens if the grant goes away. She also asked how this would impact staffing if all Town offices were cut from 40 hour work weeks to 32 hour work weeks. “Are we adding a staff person?”
Rod Francis said that it was a competitive grant, and if future funding wasn’t available, the program would end. His view was that bringing in $400,000 from an outside source would be helpful in fulfilling neighborhood planning goals in the Town Plan, and funding part of the current staff in his department.
“If staff are cut back to 32 hours,” he said, “we’d make adjustments and reductions.”
The parka known as David Gartenstein spoke up. “I think it’s a great idea.” He said they could include language in the motion that the program will last as long as funding is available.
James Banslabin also liked the idea, and thanked Kate for thinking ahead. “We should have a volunteer database, and volunteers or interns to do work,” he suggested, adding that town employees could become paid teachers of volunteers at the Career Center to preserve jobs.
“Projects need to pay for themselves and bring money in,” he said. “We also need to look at marketing the town. We need to look at the future. I’m proud of the whole team, and thanks for letting me be part of the family.”
Properties in the request include The Book Press Club/Agway, Brattleboro Transportation Center, Estey Organ buildings, the waterfront, Delta Campus, 19 Bennett Drive, Tri-State Auto, Livery Building at 56 Elm, CF Church Building, Arts Campus, 118 Elliot Street, 485 West River Road, Custom Laundry, Root property, and RS Roberts.
Approving Town Meeting Articles
The Selectboard decided to plan to set a date for a meeting to formally approve the official list of Town Meeting articles for the 2014 Representative Town Meeting.
They’ll be getting together at the end of January to finalize the warning. Board members are to advise the Town Manager’s office of their availability by the end of the week, and the meeting will be thus set.
…
“John, you’re the only one not cold,” observed Kate O’Connor of her shirt-sleeved colleague.
So ended regular Brattleboro Selectboard meetings for 2013.
