OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Special Select Board Meeting - July 29, 2026

Selectboard — Wednesday, July 29, 2026
BodyBrattleboro, Vermont
SessionSelectboard
DateWednesday, July 29, 2026
StatusFILED
Video Record
0:00 / 1:51:42

Transcript — Verbatim
0:10

Welcome all.

0:11

We're gonna call the special select board meeting of July 28th to order.

0:18

6.15 p.m.

0:21

There was no executive session today.

0:24

And uh board, any adjustments to the agenda?

0:28

Seeing none.

0:30

I'm gonna open public comment for the meeting.

0:33

And as a reminder, if you're in the room, please just raise your hand and I'll call on you.

0:38

If you're on Zoom, use the raise hand thing, and Seth will bring you to my attention.

0:44

And when I recognize you, please come up to the microphone, state your name, and make your comment.

0:50

And any comments you make today should be about items not otherwise on the agenda.

0:55

So if you have comments about the two birthing center items, please hold them until regular business.

1:01

So uh any members of the public with a comment or question.

1:06

Yes, Tom.

1:07

And then Dick.

1:16

Tom Frank Sprotleboro.

1:18

Members of the Select Board.

1:20

At the July 23rd meeting of the Charter Revision Commission, the Chair of the Commission informed the members and public present that it was not humanly possible to hold the vote on their charter proposal at the November general election, as had been their expressed intent since June of last year.

1:36

Their chair explained that this conclusion and a decision to hold the vote on charter changes in March of 2027 was reached in a meeting with the full select board, the town clerk, the town manager, the town attorney, and two members of the commission.

1:51

The chair also reported that they had been in conversation with the town clerk for the about the schedule for the vote for approximately two weeks.

2:00

The chair of the CRC also noted that the select board's decision to hold this meeting on July 28th, this particular meeting preempted the Commission's meeting at which they intended to finalize their proposals.

2:12

This makes it impossible for the Commission to meet its proposed schedule for a town wide vote in November, according to the Chair.

2:19

The July 23rd meeting of the Select Board was not warned, was not open to the public, was not recorded, and there are no published minutes.

2:28

A member of the public was told that this was because it was a scheduled meeting and thus exempt from Vermont's open meeting law.

2:35

It is appalling that a decision of this consequence was made in a rushed secret meeting.

2:41

The schedule for the general election and the proposed schedule for the charter change have long been a matter of public record.

2:47

There is sufficient time to warrant a special meeting to address this issue, just as the select board did for this meeting tonight.

2:55

This decision to schedule a town wide vote is not a minor scheduling change.

3:00

It is a matter of great importance to the town.

3:03

By shifting the vote from the November general election to the town meeting day, the number of people likely to vote has been slashed from an average of roughly 5100 voters in the midterms to 2100 on town meeting day.

3:17

This is effectively voter suppression.

3:21

The on-warn meeting on July 23rd, the unwarned July 23rd Select Board meeting was not consistent with the intent or even the letter of Vermont's opening meeting law.

3:31

The statutes are explicit as to the permissible exemptions from the public meeting requirements.

3:37

One exemption does relate to scheduling a meeting.

3:40

However, meeting is defined as a gathering of a quorum of the members of a public body and nothing else.

3:47

The statutes explicitly limit the scope of these exemptions.

3:51

In one it states that uh it shall be exempt, provided that the public body does not discuss specific business of the public body.

4:00

That at the time of the exchange, the participating members expect to be the business of the public body.

4:08

This exemption clearly does not apply to a town wide vote.

4:12

This is the select board's business.

4:14

There is no credible argument that the select board didn't know this would be a matter for public meeting, considering the involvement of town staff, legal team, and other members with the CRC over the last two years.

4:26

There is still time to have the vote in November.

4:29

It may not be easy, but it is possible according to statutes.

4:33

Please tell us all what you plan to do about this abuse of power.

4:36

Thank you.

4:37

Thanks, Tom.

4:38

That's a great question.

4:41

I'll speak briefly about it, and then if town attorney has any comment, that's useful too.

4:46

Yes.

4:47

I just wonder, may I get some more chairs?

4:49

Chair?

4:50

Chairs?

4:50

Sure.

4:51

Okay.

4:53

Um the Vermont statutes do carve out an explicit exemption for conversations about scheduling.

5:02

The question of how to schedule the meetings and the process in the run-up to a charter change is complex and relies on a bunch of things that run into one another.

5:16

There are questions of when the charter commission is done with its work.

5:19

There are questions of logistics with the town clerk's office, and all of those decisions have to be made quite a bit in advance because otherwise we can't roll out the right schedule.

5:31

In this case specifically, um we had to make a scheduling decision quickly because a November election affected the schedule of meetings we needed to have in the run-up to that.

5:46

So I think the plain language of the statute as I read it speaks for itself.

Discussion Breakdown — Share of Meeting
Hospital Services█████████████████████████████████████████████51%
Voting Systems█████████10%
Public Engagement█████████10%
Health Insurance████████9%
Budget Equity Analysis████5%
Community Engagement███3%
Procedural██2%
Revenue Generation██2%
Public Safety██2%
Summary of Proceedings

Special Select Board Meeting - July 29, 2026

This special select board meeting, called to order at 6:15 PM on July 28, 2026 (transcript dated July 29), focused on two primary agenda items: a discussion with Brattleboro Memorial Hospital (BMH) leadership regarding the potential closure of the birthing center, and a subsequent board discussion about possible municipal action, including a tax increase. The meeting also included public comment about a recent unwarned select board meeting concerning the Charter Revision Commission's schedule for a charter vote.

Consent Calendar

  • Appointment of Dan Tyler as Town Agent: The board unanimously (5-0) approved appointing Dan Tyler as a town agent for an upcoming tax sale and authorized the town to bid on properties at that sale.

Public Comments & Testimony

  • Tom Frank (Brattleboro) criticized the July 23rd select board meeting, which was not warned, not open to the public, and not recorded. He stated that the meeting decided to move the charter vote from the November general election to March 2027, calling it "voter suppression" and an "abuse of power." He asserted there was still time for a November vote. Chair responded that Vermont law explicitly exempts scheduling conversations from open meeting requirements, and that the town attorney was consulted.
  • Kurt Dimes (Brattleboro Common Sense) discussed alternative tax proposals (e.g., on capital gains) that could raise substantial revenue for the town, noting previous studies by Doug Hoffer. He invited assistance from the public and select board.
  • Randy (Brattleboro) requested a clear schedule for the charter vote process, noting confusion after the recent change. Chair stated no formal schedule had been set, but any decisions would be made in public meetings.
  • Susan Bellville (Brattleboro) pushed back on the chair's explanation, asking why the July 23rd discussion on timing was not placed on the warned July 28th agenda.
  • Dick DeGray (Brattleboro) raised concerns about use of the $2 million ladder truck for EMS calls, a rumor about moving the finance department, and asked for attention to Bridge Week activities.
  • Timothy Balknapp (Brattleboro) supported a November vote and questioned the distinction between scheduling a meeting and scheduling a vote, asking for notes from the July 23rd meeting to be released.

Discussion Items

Birthing Center Discussion with BMH Representatives

  • Tony Blofson (acting co-CEO, BMH) and Chloe Leary (Board Chair, BMH) presented: they did not request a tax increase, emphasized systemic challenges in rural healthcare, and noted the hospital is pursuing alternative funding including rural health transformation grants (approx. $10 million total across eight grants), philanthropy, and improved billing. They reported a budgeted deficit of $14.5 million for FY27, but said actual performance is better. The birthing center's annual loss is estimated at $3.8 million; the board is willing to accept a $2 million loss to keep it open. Key timelines: budget submission to Green Mountain Care Board by end of July, public hearing August 14, 2026, and rural health transformation grant decisions expected by early September.
  • Board members asked about critical access hospital designation, workforce retention, regionalization, and stopgap funding. BMH representatives stated that if $3–5 million in grant funds are received, they would do everything possible to keep the birthing center open for FY27. They acknowledged staff uncertainty and are communicating regularly.
  • Public comment on birthing center:
    • Jean Marie Davis (CEO, Branches Family Resource Center, Hinsdale, NH) asked about partnerships with other hospitals and long-term viability. BMH replied they have explored affiliations but Dartmouth is not currently interested due to its own losses, and Bay State recently laid off staff.
    • Ellen Schwartz (Brattleboro) highlighted systemic issues and asked about other transformations in the grant applications (e.g., technology, telehealth) and the process for service closure under state law (S 190). BMH noted the law requires public comment but the hospital retains final decision.
    • Richard Davis (retired RN) requested quarterly public reports from the hospital board to reduce uncertainty.
    • Elizabeth Crowe (Brattleboro) urged keeping birthing services for young families and safety.
    • Maggie Lewis (Brattleboro) encouraged BMH to learn from Grace Cottage's experience as a critical access hospital.
    • Dick DeGray reiterated that BMH should have clarified early on that they are not seeking municipal taxes; he stressed the existing tax burden.
    • Gina Farrell (Brattleboro) asked about insurance for prenatal care across state lines and the percentage of out-of-state patients using BMH birthing center. BMH had conflicting data on local utilization and did not have the out-of-state percentage.

Discussion of Possible Town Action (Municipal Funding/Tax)

  • Chair stated that based on information from BMH, moving forward with a tax proposal felt premature. Peter (board member) agreed, noting the conversation served to engage the community and educate residents about hospital finances. He emphasized the regional nature of the hospital and urged continued advocacy. No motion was made.
  • Public comment:
    • Eric (Brattleboro) criticized the board for leading with emotion rather than fiscal responsibility, pointing to unmet town needs (roads, sidewalks, recreation center, pool, fire truck). He urged the board to lead with head and be guided by heart.
    • Jean Marie Davis noted that organizations like Branches are preparing to step in if the birthing center closes, and asked the board to consider attracting middle-grade industry to relieve tax pressure.
    • Richard Davis supported the lack of a motion and recommended lobbying Governor Scott for increased Medicaid reimbursement for birthing centers.
    • Bob Ozer (Brattleboro) suggested organizing all Windham County towns to write to the governor in support of BMH. Chair confirmed letters have been sent regionally and other towns are passing resolutions.

Key Outcomes

  • The board took no action on a municipal tax or funding proposal for the birthing center.
  • The board approved the consent agenda item to appoint Dan Tyler as town agent for the tax sale (5-0).
  • No formal decision was made regarding the charter vote schedule; the chair indicated future decisions will be made in public meetings.
  • The meeting concluded with adjournment at the end of regular business.

Meeting Transcript

Welcome all. We're gonna call the special select board meeting of July 28th to order. 6.15 p.m. There was no executive session today. And uh board, any adjustments to the agenda? Seeing none. I'm gonna open public comment for the meeting. And as a reminder, if you're in the room, please just raise your hand and I'll call on you. If you're on Zoom, use the raise hand thing, and Seth will bring you to my attention. And when I recognize you, please come up to the microphone, state your name, and make your comment. And any comments you make today should be about items not otherwise on the agenda. So if you have comments about the two birthing center items, please hold them until regular business. So uh any members of the public with a comment or question. Yes, Tom. And then Dick. Tom Frank Sprotleboro. Members of the Select Board. At the July 23rd meeting of the Charter Revision Commission, the Chair of the Commission informed the members and public present that it was not humanly possible to hold the vote on their charter proposal at the November general election, as had been their expressed intent since June of last year. Their chair explained that this conclusion and a decision to hold the vote on charter changes in March of 2027 was reached in a meeting with the full select board, the town clerk, the town manager, the town attorney, and two members of the commission. The chair also reported that they had been in conversation with the town clerk for the about the schedule for the vote for approximately two weeks. The chair of the CRC also noted that the select board's decision to hold this meeting on July 28th, this particular meeting preempted the Commission's meeting at which they intended to finalize their proposals. This makes it impossible for the Commission to meet its proposed schedule for a town wide vote in November, according to the Chair. The July 23rd meeting of the Select Board was not warned, was not open to the public, was not recorded, and there are no published minutes. A member of the public was told that this was because it was a scheduled meeting and thus exempt from Vermont's open meeting law. It is appalling that a decision of this consequence was made in a rushed secret meeting. The schedule for the general election and the proposed schedule for the charter change have long been a matter of public record. There is sufficient time to warrant a special meeting to address this issue, just as the select board did for this meeting tonight. This decision to schedule a town wide vote is not a minor scheduling change. It is a matter of great importance to the town. By shifting the vote from the November general election to the town meeting day, the number of people likely to vote has been slashed from an average of roughly 5100 voters in the midterms to 2100 on town meeting day. This is effectively voter suppression. The on-warn meeting on July 23rd, the unwarned July 23rd Select Board meeting was not consistent with the intent or even the letter of Vermont's opening meeting law. The statutes are explicit as to the permissible exemptions from the public meeting requirements. One exemption does relate to scheduling a meeting. However, meeting is defined as a gathering of a quorum of the members of a public body and nothing else. The statutes explicitly limit the scope of these exemptions. In one it states that uh it shall be exempt, provided that the public body does not discuss specific business of the public body. That at the time of the exchange, the participating members expect to be the business of the public body. This exemption clearly does not apply to a town wide vote. This is the select board's business. There is no credible argument that the select board didn't know this would be a matter for public meeting, considering the involvement of town staff, legal team, and other members with the CRC over the last two years. There is still time to have the vote in November. It may not be easy, but it is possible according to statutes. Please tell us all what you plan to do about this abuse of power. Thank you. Thanks, Tom. That's a great question. I'll speak briefly about it, and then if town attorney has any comment, that's useful too. Yes. I just wonder, may I get some more chairs?

SUMMARIZED BY OPENPUBLICA AI
TRANSCRIPT VIA PUBLIC VIDEO
openpublica.com