Brattleboro Select Board Regular Meeting – February 4, 2026

The Brattleboro Select Board met on Tuesday, February 3, 2026 (agenda continued into early February 4) to discuss First Amendment rights and media recording of public safety incidents, hear reports on housing, cultural planning, and a long-term financial projection, and manage routine business. The meeting featured extensive public comment and legal analysis of filming in public and private spaces.

Consent Calendar

• Approved unanimously (5-0) a 10-item consent agenda including: certificate of highway mileage for 2026; tobacco endorsement permits for two Walgreens; liquor license renewals for Midnights on High Street, Spring Marina, Halo Hollow (75 Elliott St.), and Saffron Restaurant (889 Putney Rd.); Certificate of No Appeal for the 2025 grand list; contract with Stantec ($75,800) for sidewalk design on Fairgrounds Road; contract with Southern Vermont Solar ($186,340) for photovoltaic array at Brooks Memorial Library; and a parade permit for the Asian Cultural Center of Vermont's February 8th event.

Public Comments & Testimony

• Jenna Seymour (Town Meeting Member, Planning Commission member) stated she speaks only as an individual, not for the Planning Commission, emphasizing transparency.
• Ivan Hennessy asked when the walk signal call button at Latchis Hotel will be repaired and about rust on the South Stairwell railing at the Transportation Center.
• Sue Belleville inquired whether the tax payment drop box will be collected on Presidents' Day. Town Manager John responded it will not be picked up on the holiday but first thing Tuesday, February 17.
• Wally Blight defended Brattleboro Common Sense (BCS), saying the organization helped him when he was down and out, and criticized the town's opposition to it.
• Ken Vay urged residents to vote, noting only 29% turnout last year, and tied it to the America 250 celebration and principles of representation.
• Randy Blodgett invited participation in America 250 events and announced his candidacy for a one-year Select Board seat.
• Rusty Sage urged the board not to restrict First Amendment rights, noting the value of media filming at emergency scenes.
• Mark Coaster argued that the town should not infringe on freedom of the press, recalling Brattleboro's history.
• Akhil Srivastiana (Bratboro Pulse) stated that cities like Seattle and New York regulate commercial filming without banning speech, and that harassment (e.g., following, intimidation) is already prohibited.
• Martha Bernbaum described a New Year's Eve truck fire where a person (Hank) filmed on her private property without permission, tripping over a fire hose, and asked for better scene security.
• Pierre Landry opposed any local ordinance limiting recording, trusting officers to manage scenes.
• Hank Poitres (Planet Hank) denied harassment, claimed he follows police protocols, and asserted his First Amendment right to film in public; he stated he left when asked.
• Marta (Bernbaum again) argued that she could not trespass Hank ahead of an emergency and that signs for hunting do not cover general trespass.
• Dr. Jessica Dolan pointed out that First Amendment rights are not absolute, and constant negative filming harms community mental health and business.
• Angela O'Bray questioned the line between filming public officials and harassing private citizens in public (e.g., medical emergencies), and asked about training on limits.
• Jackie Reese warned that restricting filming could hinder accountability for police and ICE, and reminded that filming minors helped locate Liam Ramos.
• Carly Sheckering asked about liability from a YouTuber who may have interfered with scenes; chiefs responded they handle each situation.
• Gemma Seymour clarified 13 VSA 3705 regarding trespass into dwellings, noting affirmative notice is required.
• Carol asked the town to publicly state that such filming is not okay, even if legally permitted.
• Randy Blodgett asked about housing mix targets; Planning Director Sue Fillion said they’ve not been managing by type.

Discussion Items

Media Recording and First Amendment

• Town Attorney Bob and Hannah presented a memo explaining that the First Amendment protects the right to record public officials in public places; buffer zone laws have been struck down. Police Chief Hardy and Fire Chief Simons described scene management: they allow filming as long as it does not interfere, and they ask individuals to step back if necessary. Private property owners must give notice (verbal or posted) to trespass. The town attorney advised against passing any ordinance restricting recording, citing First Amendment and preemption issues. Board members (Oscar, Amanda, Isaac, Liz) expressed empathy but concluded they cannot constitutionally restrict recording, though they emphasized that existing laws against stalking and interference still apply. No motion was made.

Green Mountain Power Undergrounding Projects

• Tim Jones and Don Mills (GMP) presented three projects for 2026 (Stockwell Drive, Stark Road, Marlborough Road) and the main Hamilton Road undergrounding, similar to the Ames Hill Road project. They thanked the town for partnership and noted the two-year program ends September 30, 2026. The town will work out specifics with Public Works Director Dan Tyler. No board action required, only appreciation.

Equalization Study Results

• Assessor Jennifer Burnell explained that Brattleboro's 2025 Common Level of Appraisal (CLA) is 64.94%, with a state adjustment factor of 70.33%, yielding a 92.34% state adjustment for education tax rates. Projected homestead rate is 1.997, non-homestead 1.843, pending school district and state rates. She noted Act 183 changed how the adjustment is calculated.

Housing Action Plan Update

• Planning Director Sue Fillion reported 125 housing permits issued in 2025, 105 units in multi-unit buildings (70 at Chalet, 28 at Winston Prouty Phase 1). Net gain after losses: 77 units. Since the plan began, 221 units have been permitted. Upcoming projects include redevelopment of Melrose Terrace (21 senior units) and Holton Home (21 affordable apartments). The town may face choices due to reduced federal funding for Community Development Block Grants (VCDP). A public hearing on a proposed 13-unit project at 33 Oak Street is scheduled for February 17. The CHIP program (tax increment financing) was introduced as a potential tool for infrastructure investment. Plug-and-play solar was also discussed as a cost-saving initiative for low-income households.

Collaborative Cultural Plan for Southeastern Vermont

• Sue Fillion presented the plan, developed with Rockingham and Wilmington using a $45,000 grant (matched by $5,000 per town). Goals: support artists and cultural organizations, enhance the region's brand as a creative hub, and strengthen the creative sector. Challenges include lack of a single owner, funding cuts, and organizational capacity. Next steps include sessions at the May Southeast Vermont Economic Development Summit and continued collaboration with partners like BDCC and DBA.

Long-Term Financial Projection

• Town Manager John presented a five-year projection (FY28–FY32) for the general fund, based on FY27 approved budget. Key assumptions: 4.9% average annual property tax increase (from $20.9M to $26M), no growth in grand list, no new staff, 2.2% capital investment, health care at 12%, retirement at 10%, workers' comp at 15%. Projection relies on new revenue sources: a local option fuel tax and state revenue sharing (policy actions needed). The model is publicly available as a spreadsheet for community use. Board members noted the projection is optimistic but valuable for planning, and emphasized advocating at the state level for revenue sharing and fuel tax.

Key Outcomes

• No action on media recording policy; board agreed existing laws suffice and no local ordinance will be pursued.
• No formal action on Green Mountain Power projects; staff will continue working with GMP.
• Accepted the equalization study report for information.
• Noted progress on housing action plan; upcoming public hearings on 33 Oak Street and Winston Prouty development agreement on February 17.
• Endorsed the cultural plan as a resource; implementation will remain collaborative.
• Received the long-term financial projection; board will use it to inform future policy and budget decisions, and will revisit it regularly.
• Meeting adjourned after over three hours, with thanks to staff and public participants.

Note: The meeting was officially warned for Tuesday, February 3, 2026, but the provided timestamp (2026-02-04T21:52:04+00:00) indicates the meeting extended into February 4. All voting and decisions occurred on February 3.