Stricter plastic bag ordinance supported in Brattleboro

Posted Wednesday, November 8, 2017 9:00 pm

BRATTLEBORO — The fifth motion was the charm for the Select Board as it tried to balance a business owner's concerns with support from proponents of a single-use plastic bag ban who filled the meeting room.

"I based my motion on the California ban, which has been in effect a couple years," Select Board member Tim Wessel told the Reformer. "So it made me more comfortable with using that measure."

On Tuesday, the board had its second reading and public hearing to update a town ordinance for "regulating the collection and disposal of solid waste." A new section, inspired by overwhelming voter support for the ban in March, is proposed for "regulating single-use plastic bags within the town."

Proponents have urged the board to go for a thickness over the proposed 1 mils. Their concerns have to do with the environment.

The latest draft of the ordinance would allow for bags that are biodegradable, compostable, paper or reusable. With Wessel's motion approved 3-2, plastic bags must have a thickness of 2.25 mils or more. Four previous motions specifying different thicknesses were rejected on Tuesday.

"I did feel that 3 mils [thickness] was excessive, and went beyond a reasonable definition of single-use," Wessel told the Reformer.

Since the thickness was changed, a second reading of the ordinance will need to be held at the next board meeting. If approved, a 60-day appeal period will follow. The plan is to have the ban go into effect July 1.

Stanley "Pal" Borofosky, owner of Sam's Outdoor Outfitters, brought one of his bags packed with three bricks. The top of the bag is 2 mils and the bottom is over 1 mils, he said, calling it reusable "to a great degree." He worried that paper bags could not handle the same weight.

"Paper is far more expensive to buy and paper is much heavier in weight for transportation," Borofosky said. "Also, the issue of storage is much greater."

Alice Charkes, of Brattleboro, was the first of several attendees calling for the town to take a strong stance on the ban.

"I think we all know we should move away from plastic and that's what the spirit of this ordinance should be," she told the board.

Brattleboro Agriculture Advisory Committee and Conservation Commission member Drew Adam said he did not feel strongly one way or another about the ban. But after visiting a composting site and seeing plastic items in a separate pile, he wants to see less use of the material.

"It's just sitting there and the plastic just continues to exist," he said. "This is material the composting people cannot use. It is material that will stay there. It is a liability. This is after well over a year of composting. This plastic still exists."

Article Continues After Advertisement

Abby Mnookin, of the climate-activist group 350 Brattleboro, said she respects Borofosky's concerns but only saw one merchant speaking out at meetings.

"We had 1,300 people sign a petition for a plastic bag ban in Brattleboro," she added, wondering in retrospect whether defining a thickness would have been a good idea for the petition. "Convenience must be something we're willing to give up to really move towards a just and sustainable world."

Tim Maciel, of Brattleboro, organized the petition. With a population of about 11,000 people, he said, the town sees 6.4 million plastic bags used each year. Businesses spend about $256,000 annually on the bags that are only used for an average of 12 minutes in his estimation.

"It lingers in the community for 1,000 years," he said. "That is why back in March, Brattleboro voted for the ban by a three-to-one margin."

Maciel, who has been critical of less stringent rules, does not believe the ban will put merchants out of business. The purpose is "not to turn people to paper," he said, but to have them use reusable bags.

Article Continues After These Ads

The Downtown Brattleboro Alliance polled 32 downtown merchants and saw 78 percent in support of the ban while 9 percent did not and 13 percent were neutral.

"The business community in Brattleboro is a vital, integrated part of our larger community," Stephanie Bonin, of the DBA board, wrote to the town manager in March. "This poll demonstrates that the majority of businesses downtown are already working and supporting our town in continuing to fulfill its persona of a compassionate and green town. There are many cities, states and countries which have already implemented policies concerning plastic bag usage. Between 2015 and 2016, at least 77 bills have been proposed by 23 states. Rather than leading the way, Brattleboro is following momentum. Let's do this and let's follow proven policy precedence and the great suggestions and perspectives that came from the DBA poll."

Members of the public and Select Board also worried about issues a stricter ban could present to consumers living on a limited income.

Select Board member John Allen called plastic "an evil necessity" and a nuisance.

"It's in our society," he said. "It's in our world."

Allen and Select Board Chairwoman Kate O'Connor wanted to keep the threshold at 1 mils or thicker. A motion to adopt that version was defeated 3-2.

"It feels like because of the range of definitions of single-use [bags] and a legitimate concern from an important retailer in our town, we might come to a middle ground," said Wessel, noting that Sam's in Brattleboro employs about 50 people.

Article Continues After Advertisement

Board Vice Chairwoman Brandie Starr made a motion for a ban of bags of 3 mils or less. That motion failed 3-2 and so did motions by board member David Schoales for bans on bags of 2 mils or less and 2.5 mils or less.

In other business:

- The board acknowledged another incident on Western Avenue in which a pedestrian was struck by a motor vehicle. Schoales recommended the town's Traffic Safety Committee consider a campaign about wearing white or reflective clothing at night. Wessel, a member of the committee, said he would like to look at traffic-calming methods.

Hearing interest from residents in these matters, Elwell said the next committee meeting is scheduled for Thursday, Nov. 16, at 8 a.m. and public participation is encouraged.

- Renovations at Central Fire Station continue and Elwell expects "substantial completion" in about one month. The town has received noise complaints related to the ventilation system.

"We are working on how to properly muffle those sounds and not have a negative effect on the neighborhood," said Elwell.

The uncommitted fund balance for upgrading police-fire facilities stands at $291,826 and "indicates we have less flexibility than we were hoping while we get down to the wire," he said. The board is set to receive recommendations on use of the leftover bond money. The two big ticket items are a roof repair at about $90,000 and carport for about $150,000, both at the new police station on Black Mountain Road.

- The proposed $17.5 million budget for fiscal year 2019 currently calls for a 3.42 cent increase, which means $34.20 over the previous fiscal year for each $100,000 of property. That does not include funding for renovations at the Municipal Center. The town and state are navigating a lease now.

- Elwell laid out actions taken and next steps "to show we're walking the walk" on diversity, inclusion and equity intiatives. Training workshops, community events and the hiring of a human-resources professional are all part of the plan.

Schoales suggested town employees could participate in training organized by the school district. He is also a member of the Brattleboro Town School Board.

"I think the sooner the better... not just for symbolism of it but the message it sends to people when they're thinking about Brattleboro," he said.

Reach staff writer Chris Mays at cmays@reformer.com, at @CMaysBR on Twitter and 802-254-2311, ext. 273.