Brattleboro Selectboard Agenda and Notes – September 3, 2024

The 2020 Community Safety Plan is on the agenda again after quite a long time.  “Final Staff Recommendations for Implementation” will be presented and acted upon. 

The Town wants to adjust Town Ordinances regarding “Acceptable Community Conduct” and will hold a first reading of some proposed changes.  Some new housing on Elliot Street, plans for the Safe Fair, and a Health Order for 6 Reynolds Drive, round out the agenda for the evening.  You can bring up other items not on the agenda during Public Participation.

….

The Brattleboro Selectboard will hold a regular meeting on Tuesday, September 3, 2024 at 6:15pm in the Selectboard Meeting Room at the Brattleboro Municipal Center (230 Main Street, Room 212) and over Zoom. Prior to the regular meeting, at 5:30pm, the Board will convene and is expected to enter immediately into executive session to discuss contracts and real estate. 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. The backup materials for this meeting will be available on the town Website Brattleboro.gov/Selectboard by the end of today.

Jessica Sticklor (she/her/hers)

Executive Assistant

Town of Brattleboro

230 Main Street, Suite 208

Brattleboro, VT 05301

(802) 251 – 8115

….

BRATTLEBORO SELECTBOARD

TUESDAY, SEPTEMBER 3, 2024

EXECUTIVE SESSION – 5:30 PM

SELECTBOARD MEETING ROOM + ZOOM

REGULAR MEETING – 6:15 PM

The physical location for this meeting will be the Selectboard Meeting Room at the Municipal Center at 230 Main Street.

Selectboard Meeting materials can be found on the Town’s website, Brattleboro.gov/Selectboard.

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

(*6 Mute/Unmute – *9 Raise Hand)

The meeting also will be carried live on BCTV:

On Cable TV: Channel 1079

Streaming Online: https://www.brattleborotv.org/channel-1079-livestream

Facebook Live: https://www.facebook.com/brattleborotv

AGENDA

ADMINISTRATIVE REPORT

(please note that all times are approximate)

1. CONVENE REGULAR MEETING (6:15 PM)

2. APPROVE MINUTES – August 20, 2024

3. CHAIR’S REMARKS

4. MANAGER’S COMMENTS

5. SELECTBOARD COMMENTS AND COMMITTEE REPORTS

6. PUBLIC PARTICIPATION (6:25 PM)

7. CONSENT AGENDA (6:30 PM)

A. Assignment of a New Street Name for E911 – “Clover Lane”

B. Wilsons Woods Wastewater Pump Replacement – Award $36,747 Bid

C. Sawdust Alley Paving – Award $103,180.75 Bid

D. Sandglass Theater – Approve Parade Permit

E. Changezi Food Mart – Approve Second Class Liquor License and Tobacco License

F. Department of Libraries Courier Grant – Authorize Application

G. Police Vehicle Upfitting – Award $41,082.51 Bid

8. OLD BUSINESS (6:35 PM)

A. Planning Annual Safety Fair and Forum (6:35 PM)

9. NEW BUSINESS (6:50 PM)

A. Grant Application Public Hearing – Affordable Housing at 12-14 Elliot Street (6:50 PM)

B. Issue Health Order – 6 Reynolds Drive (7:05 PM)

C. Community Safety Review Report and Police Department Developments (7:25 PM)

D. Acceptable Community Conduct Ordinance, Chapter 13 – First Reading (8:55 PM)

10. CORRESPONDENCE/FYI

A. Warrants

11. MEETINGS

See Town Calendar

12. ADJOURNMENT (9:30 PM)

….

MEMORANDUM

To: Selectboard

From: John Potter, Town Manager

Re: Administrative Report

Date: August 16, 2024

———————————————————————————————————————————–

The following will summarize the proposed motions for the regular Selectboard meeting on

Tuesday, September 3, 2024. The Board will convene the regular meeting at 6:15pm in the

Selectboard Meeting Room and on Zoom. All times listed below are approximate, and interested

parties should monitor the meeting if they do not want to miss an agenda item.

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

(use *6 to Mute/Unmute, *9 to raise Hand)

The meeting also will be carried live on BCTV:

On Cable TV: Channel 1079

Streaming Online: https://www.brattleborotv.org/channel-1079-livestream

Facebook Live: https://www.facebook.com/brattleborotv

7. CONSENT AGENDA

A. Assignment of a New Street Name for E911 – “Clover Lane”

B. Wilsons Woods Wastewater Pump Replacement – Award $36,747 Bid

C. Sawdust Alley Paving – Award $103,180.75 Bid

D. Sandglass Theater – Approve Parade Permit

E. Changezi Food Mart – Approve Second Class Liquor License and Tobacco License

F. Department of Libraries Courier Grant – Authorize Application

G. Police Vehicle Upfitting – Award $41,082.51 Bid

In a memorandum dated September 6, 2024 Planning Technician Steve Hayes discusses the assignment of a new street name, Clover Lane, near Pleasant and Maple Streets. By approving the Consent Agenda, the Board will approve naming a new private driveway accessing tax map parcel #00315362.00 (currently serving legal E911 address 155 Pleasant Street) to “Clover Lane.”

In a memorandum dated August 23, 2024 Assistant Director of Public Works Pete Lynch discusses the Wilsons Woods Wastewater Pump Replacement. DPW recommends awarding the contract to Xylem Water Solutions. By approving the Consent Agenda, the Board will authorize the purchase of two wastewater pumps and accessories from Xylem Water Solutions in the amount of $36,747 for replacement at the Wilsons Woods Pump Station. The total project cost will not exceed $75,000.

In a memorandum dated August 22, 2024 Public Works Director Dan Tyler discusses the Sawdust Alley Paving Project and recommends that the Board accept the bid from DMI Paving, the lower of two bids at $103,180.75. By approving the Consent Agenda, the Board will approve the award of the 2025 Sawdust Alley Paving Project to DMI Paving INC., of Brattleboro, VT, for a total bid price of $103,180.75.

In a memorandum dated September 30, 2024 Town Manager John Potter discusses the parade permit application for Sandglass Theater. The parade will be held on Thursday, September 12, 2024, moving from the Brattleboro Museum and Arts Center (BMAC) to the New England Youth Theatre. The parade will take place between 7:00 and 7:15pm. No street closures are necessary. By approving the Consent Agenda, the Board will approve a parade permit for the Sandglass Theater on Thursday, September 12, 2024.

In a memorandum dated September 3, 2024 Town Clerk Hilary Francis discusses the Second Class Liquor License and Tobacco License application and Tobacco Substitute Endorsement Permit for Changezi Food Mart. Town staff have reviewed this application and recommend approval. By approving the Consent Agenda, the Board will approve the renewal applications for Changezi Food Mart Inc. for their Second Class Liquor License, Tobacco License and Tobacco Substitute Endorsement Permit.

In a memorandum dated August 22, 2024 Library Director Starr LaTronica requests approval to apply for a Department of Libraries Courier Grant. By approving the Consent Agenda, the Board will approve a grant of $683.80 from the Institute of Museum and Library Services, through the Vermont Department of Libraries, to subsidize courier service for delivery of materials between libraries.

In a memorandum dated August 29, 2024 Police Chief Norma Hardy discusses the FY25 vehicle upfit. By approving the Consent Agenda, the Board will approve the bid from Hard Wired Auto Electronics for the FY25 Vehicle Upfit for a total of $41,082.51.

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

8. OLD BUSINESS

A. Planning Annual Safety Fair and Forum

In a memorandum dated August 13, 2024 Assistant Town Manager Patrick Moreland discusses the proposed Downtown Safety Fair and Forum, a joint effort of the Brattleboro Area Chamber of Commerce, the Downtown Brattleboro Alliance, Groundworks Collaborative and the Town. The board is asked to consider this information and provide feedback on the proposed plan.

POTENTIAL MOTION: NO MOTION REQUIRED FOR THIS ITEM.

9. NEW BUSINESS (4:35 pm)

A. Grant Application Public Hearing – Affordable Housing at 12-14 Elliot Street (6:50 PM)

In a memorandum dated August 22, 2024 Assistant Town Manager Patrick Moreland discusses the Leonard Block, 12-14 Elliot Street Project, including discussion of the need for this project, the project team, and budget.

POTENTIAL MOTIONS:

TO AUTHORIZE THE SUBMISSION OF AN APPLICATION TO THE VERMONT COMMUNITY DEVELOPMENT PROGRAM (VCDP) FOR AN IMPLEMENTATION GRANT FOR COMMUNITY DEVELOPMENT SUPPORT, INC. IN THE AMOUNT OF $500,000 FOR THE LEONARD BLOCK, 12-14 ELLIOT STREET PROJECT.

AND

TO ADOPT THE RESOLUTION FROM THE VERMONT COMMUNITY DEVELOPMENT PROGRAM (VCDP) FOR GRANT APPLICATION AUTHORITY, TO IDENTIFY ASSISTANT TOWN MANAGER PATRICK MORELAND AS THE CONTACT PERSON AND THE AUTHORIZING OFFICIAL.

B. Issue Health Order – 6 Reynolds Drive (7:05 PM)

In a memorandum dated August 27, 2024 Assistant Fire Chief Charles Keir discusses a possible health order at 6 Reynolds Drive.

POTENTIAL MOTION: TO ISSUE A HEALTH ORDER FOR THE PROPERTY AT 6 REYNOLDS DRIVE OWNED BY COMMUNITY RESTORATION CORPS INC BASED ON THE ATTACHED INFORMATION.

C. Community Safety Review Report and Police Department Developments (7:25 PM)

In a memorandum dated August 30, 2024 Town Manager John Potter discusses the 2020 Community Safety Review Report as well as Police Department Developments, including discussion of the history of the Report and progress made by the Town and the Police Department on this.

POTENTIAL MOTION: TO ACCEPT AND APPROVE THE STAFF UPDATE AND FINAL STAFF RECOMMENDATIONS FOR IMPLEMENTATION OF THE 2020 COMMUNITY SAFETY REVIEW REPORT, AS PRESENTED (OR AMENDED).

D. Acceptable Community Conduct (Safety Zones) Ordinance, Chapter 13 – First Reading

(8:55 PM)

In a memorandum dated August 30, 2024 Town Manager John Potter discusses proposed amendments to Chapter 13 of the Brattleboro Code of Ordinances. These changes explore problematic public behaviors and properties as well as the creation of safety zones in the community. This is a first reading. The Board is asked to consider the proposed ordinance amendment and provide feedback.

POTENTIAL MOTION: NO MOTION REQUIRED FOR THIS ITEM.

Comments | 9

  • Sorry

    Due to a possibly dying old cat, Mickey, I will not be covering tonight’s meeting. He needs me.

    If anyone else wants to write up some meeting notes, people will love you!

    c.

  • ABRIDGED SELECTBOARD NOTES

    Item 6 Public Participation

    Pierre Landry asked why the huge BFD ladder truck is being used on medical calls, limiting the amount of subsidized housing in town because a larger population will strain town services.

    Asst Chief Keir responded that the use of the adder truck was temporary while other vehicles were being upfitted and serviced and that ambulances would be used normally.

    Kurt Daims commented
    In 2020 BCS offered real estate for a police sub-station at zero cost. Now the idea comes up with a better name — “satellite” station. Imagine, we could have had a free police substation close to downtown for the last four years. BCS also developed the SAFE policing limited disarmament plan. The selectboard wants to fund only three disarmed officers, and to rename them Resource Officers. This is very slow, but BCS is glad that the Town is starting on the SAFE Policing plan .

    In 2018 the board was about to fund an energy study for municipal buildings when someone pointed out that Honeywell had done an “energy audit” just eighteen months earlier.

    BCS did the petition for energy conservation study and the energy coordinator which was renamed “sustainability coordinator” by the board.

    BCS’ short climate resolution was approved by Representative Town Meeting without an official name in 2018. It was unofficially named “Cow Power” by the board and then “Fossil Fuel Free Facilities Fund” and later “Global Climate Solutions . . ” After all the renaming the board transferred these climate-resiliency funds to the parks and rec budget.

    The board should stop renaming and forgetting things.

    The Board approved the proposals on the consent agenda (item 7):
    A. Assignment of a New Street Name for E911 – “Clover Lane”
    B. Wilsons Woods Wastewater Pump Replacement – Award $36,747 Bid
    C. Sawdust Alley Paving – Award $103,180.75 Bid
    D. Sandglass Theater – Approve Parade Permit
    E. Changezi Food Mart – Approve Second Class Liquor License and Tobacco License
    F. Department of Libraries Courier Grant – Authorize Application
    G. Police Vehicle Upfitting – Award $41,082.51 Bid

    Assistant town manager Patrick Moreland reported on the planning of a “Downtown Safety Fair and Forum” (Item 8 old business. No vote was scheduled.)

    Item 9 New Business
    B. The board issued a health order demanding repairs at 6 Reynolds Drive. The order is directed to Community Restoration Corporation, although the corporation might not be the true owner.
    C. The board approved the staff update of the recommendations of the 2020 Community Safety Report.
    Board members praised the community safety report for having two hundred pages after three months of work. The board also praised the town manager for a long list of meetings that swelled the 96-page background notes. The staff agreed with only less than a fifth of the 41 recommendations, finding the other recommendations to be “illegal, impractical or counter-productive”

    (comments around 6:30pm, revised, included here as relevant to the Safety Report)

    On January 19th 2021 Town ManagerElwell endorsed the COMPLETE Community Safety Report and forwarded it for staff to make the implementation table. The explicit purpose of the community safety committee was to to see what the community would recommend without a police member and with the guidance of the two facilitators. To allow police chief Carignan to do a hatchet job on their work was a violation of the purpose of the committee. And now for the board and staff to reject most of their recommendations as impractical, illegal, or counterproductive , and then praise the report for having lots of pages is — who knows what that is .

    Brattleboro Common Sense (BCS) thought it was bad idea to exclude the Police Department from the committee. BCS started negotiating with Police Chief Fitzgerald in 2017 . That was before Mr. Floyd was killed and before the formation of the committee. But that was the form of the committee that the select board approved, and they are obligated to work with it (except for one or two illegal recommendations).

    The report recommended the BCS SAFE Policing limited disarmament plan. The implementation table required confirmation by a person with direct experience of police disarmament . That had already been done, and we presented again the experience of our consultant, retired chief Graeme Donald of Police Scotland, who is a weapons training expert and also expert in unarmed policing. The town has recently proposed unarmed officers, calling them resource officers, and BCS is glad that the town has begun to implement the SAFE Policing measures.

    We must ask, what is impractical illegal or counterproductive about not bringing firearms into public meetings and schools? Do police feel in danger at a select board meeting? Many people are scared to be near Police with guns, and hesitate to attend meetings. This is spelled out in the community safety report.

    Police Chief Hardy retorted that that school children liked police.

    Chief Hardy also retorted that she would not expose her officers to danger and that our consultant thought that disarmed policing would not work in Brattleboro. We have perhaps more confidence in Brattleboro and Brattleboro police. After all, police are not in danger here. Helmets and bulletproof vests do that. What’s more, the chief Doesn’t see that the community safety committee was not designed to make the police feel safe. They are safe. No policeman has ever been shot in Brattleboro. No policeman has ever been shot in Vermont for 60 years. Guns do not protect police officers anyway.

    We must also ask, since the chief has already agreed to send out three unarmed resource officers, space what is impractical illegal or counterproductive about having regular unarmed officers on foot patrol downtown, which is another of the SAFE Policing measures. The sight of unarmed police officers would be a sign of a safe and peaceful downtown.

    Brattleboro Common Sense
    info@BrattleboroCommonSense.org
    brmse.org

  • OOPS!

    I meant to say, “guns don’t protect officers; helmets and bullet-proof vests do that.”

  • Reporter got in the way of the report

    OK, standard issue journalistic standards may not apply here. And innovative journalism may very well season the mix. But if a bit of commentary is the spice, this citizen journalist must have take the top off of shaker so that the stew was not seasoned, but instead poorly done.

    • Put more clearly

      . . . But if a bit of commentary is the spice, this citizen journalist must have take the top off of shaker so that the stew was not seasoned, but instead saturated with opinionated gripes.

  • Oh, and what is this about?

    “To allow police chief Carignan to do a hatchet job on their work was a violation of the purpose of the committee. ”

    Other that the citizen journalist’s gripe about whatever Carignan did, I found nothing in the story which would give context to the “hatched job” reference.

    [Mickey, get will soon!]

  • Oh, and what is this about?

    “To allow police chief Carignan to do a hatchet job on their work was a violation of the purpose of the committee. ”

    Other than the citizen journalist’s gripe about whatever Carignan did, I found nothing in the story which would give context to the “hatched job” reference.

    [Mickey, get well soon!]

    • Thanks

      Thanks for the Mickey wishes.

      Little guy didn’t make it. I spent the night looking into his eyes, holding his paw, and talking to him until the very end.

      • Sonder

        “Sonder is the profound feeling of realizing that everyone, including strangers passing in the street, has a life as complex as one’s own, which they are constantly living despite one’s personal lack of awareness of it.”

        I have experienced this kind of moment with three different cats. There’s a life stripped bare element to the mystery attached to the passing. Raw. And humbling. Part of nature. But also deeply transcendental.

        My condolences

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