BENNINGTON SELECT BOARD MEETING
WEDNESDAY, OCTOBER 23, 2001
BENNINGTON FIRE FACILTY
MINUTES

BOARD MEMBERS PRESENT: Salvatore Santarcangelo, Howard Sinnott, Jeffery Gauthier,  Sharyn Brush, Ronal Hall Joseph Krawczyk, Jr. and Lodie Colvin.

ALSO PRESENT: George Gilman, Jim Sullivan, Bobby Gates, Stuart Hurd, Meg Cottam, and Robyn Baker. 

At 7:15 P.M., Howard Sinnott called the meeting to order.  

1. Minutes
October 9, 2001
Santarcangelo moved to approve the minutes of October 9, 2001 as presented. Colvin seconded. The motion carried. Krawczyk abstained. 

2. WARRANTS
The warrants were circulated for signatures. 

3. CITIZENS
George Gilman, a resident of 947 Gage Street asked the Board to look at the situation with water and water meters. He currently lives part of the year in Tucson, and partly in Bennington. He notes that his property in Tucson has had a water meter since 1967. He feels that there is no incentive for Bennington residents to conserve water. He noted that some meters have been installed for multiple units at landlord requests, and he feels that the situation is inequitable. Sinnott noted that there is an infrastructure committee studying the issue. Santarcangelo noted that Bennington does not conserve water, just the chemicals used to treat water. Gilman understands that if there continue to be dry summers such as this one, there will not be an infinite amount of water. Hurd noted that there could be a problem in a particularly dry summer, but with the addition of Morgan Spring at 2.1 million gallons per day, conservation is not an issue. Gilman noted that single people are being penalized by the current system. Hurd noted that the base rate would probably be charged. Hurd noted that the water system also provides fire protection. The infrastructure committee will report back to the Board in the near future. 

4. EAST ROAD SIDEWALK STUDY PRESENTATION
Jim Sullivan, Bennington County Regional Commission
Sullivan reviewed the draft report and noted that the final report will be available soon. He noted that the project came from some meetings from over a year ago with representatives of the town and the Middle School Building committee who had discussed pedestrian access to the new middle school. He was asked about funding sources, and he indicated the Enhancement Activities program and the bicycle and pedestrian program. Both of those programs require a feasibility study. Sullivan noted that it came to the same alignment conclusion as the Development Review Board. The sidewalk would follow the East Road alignment in order to provide the most direct route from the high school to the middle school. The only significant issue is the small wetland area just before North Brach Street on the East side. The alignment on the west side of East Road presents fewer problems. Beyond Willow, this will continue north across the bridge over the bypass, and transportation has indicated that they would accommodate a sidewalk. It will then proceed up to the entrance of the Middle School property, and cross back over to the East Side of the road. The sidewalk would continue on the west side to Duffy Drive. The estimate is $400,000 based on bituminous concrete. The most substantial issue would probably be along East Road where there might be some drainage issues. Hall asked about the crossing at the intersection, and Sullivan noted that they would first cross North Branch Street, then East Road. Hall felt that this was in the newly defined flood zone. Hurd noted that the Furnace Brook flood hazard area might come under Act 250 review. Hurd noted that unless this comes under Act 250, the Secretary does not have any sway. Hurd noted that there were concerns about the whole area regarding flood issues. Sullivan noted that the engineers looked at the site from a traditional flood hazard standpoint. He felt that they could construct a pedestrian bridge with minimal impact on the stream bank. Colvin asked what bituminous concrete is, and Sullivan noted that it was blacktop. Brush asked if there were safety concerns crossing East Road, and Sullivan noted that there were. The intersection at the low end is controlled with a traffic signal. There are two crossings proposed in the vicinity of the Middle School. There are rises in the road that affect visibility. The southern crossing location was logical to maximize site distance, and he felt that a beacon would be appropriate to alert motorists. A northern crossing would require more engineering, and perhaps a similar beacon. The curbing was proposed to signal motorists to slow down. Hurd noted that the Development Review Board conditions require pedestrian signalization at all pedestrian crossings. Hall noted that many students would have to cross East Road twice to get to the Middle School. Sullivan noted that the impacts were weighed, and similar concerns were expressed at the East Side of the road. The industrial park was concerned about the students crossing their access road. There are also more residential impacts on the East side of the road. Santarcangelo asked if there are school zones speed limits in Vermont, and Hurd noted that within 100 yards of the school the limit is 20 mph, but that does not deal with issue of crossing at intersection. Krawczyk was concerned because at August 22 meeting there were 13 people in attendance. He asked if this would be decided in segments. Hurd noted that ultimately it is the Board decision, in concert with the DRB conditions. Hurd noted that the enhancement grant program and bicycle pedestrian program would require further hearings. Colvin moved to accept the report and forward it to the committee of DRB and Select Board members to review. Santarcangelo seconded. Hurd noted that in all of the options they use granite curbs, and there are less expensive ways to install curbing that provide an opportunity for savings. Hall noted that accepting this study just accepts the good work that was put into it. Hall asked what the chance was of the school receiving grant money for this project. Sullivan noted that the next step is to get an engineer to do the design work and get permits. Sinnott noted that they still have to determine who will be responsible for the construction. Sullivan noted that the next stage would answer a lot of the fine details. Sullivan noted that there are a number of choices - it could be paid for with local funds, the AOT programs, and the enhancement activities program ($3 million) and the bicycle and pedestrian program ($2 million). Sullivan feels that the town should be the applicant, the bicycle and pedestrian program requires that the municipality should be the applicant. Without the support and resources of the town, it will not get funded. Hall did not feel that the town should be viewed as the contracting party. Sullivan noted that it could be structured so that project management responsibilities lie with the school. Sullivan feels that the town is the best applicant for funding in either of the programs. He felt that it was impossible to estimate the likelihood of receiving grants. He feels that it is very likely that this will receive funding eventually. Hurd noted that it might not require that they have a project. Hurd noted that the timing is key, but the enhancement projects come to funding faster. Krawczyk asked if the school had seen this report  and Hurd noted that the school might argue that they should not be responsible to get from County Street to Duffy Drive. From the high school to Duffy Drive is a requirement before the project opens. Hurd noted that the project could be phased. The motion passed unanimously. 
 
5. KOCHER DRIVE/ROUTE 
Intersection & Pedestrian Corridor Study Reconsideration
Sinnott noted that a Board member has asked to make a motion to rescind the previous motion. Colvin noted that she wished to ask the Board to reconsider the motion. She voted to eliminate the slip lane because she was of the mistaken opinion. She now feels strongly that they should keep the slip lane. She has encountered frustration from Northside business owners that feel eliminating the slip lane is a mistake. She hopes that the slip lane should remain with a yield sign. All of the work they have done has been geared toward making Hicks Avenue a pedestrian crossing toward Orchard Road. Colvin moved to reconsider the vote concerning the design of the intersection of Benmont coming into Kocher. Hall seconded. Santarcangelo asked, and Sinnott reviewed the slip lane at the other end of Benmont at Main. Hurd noted that there are aspects of this project that are a requirement of Aldi's curb cut, including the pedestrian crossings. There will be a stop sign where the current yield sign is. There will be a pedestrian signal crossing Northside Drive. There will be changes happening regardless of the Board's decision. Hurd noted that the state claims jurisdiction. Krawczyk addressed concerns about pedestrians crossing at that light. He approves of Colvin's suggestion as it gives the motorist time to get onto Northside. Gauthier thought the crosswalks would be mandated, and he was concerned about having pedestrians cross twice. Hurd noted that the state position is that when Aldi opens they are going to have to retime the signal lights based upon the impact they have on that intersection. Hurd noted that the state has indicated to Aldi where they will be installed. Hurd noted that they encouraged the state to use the crosswalk at Orchard because it already exists. Gauthier noted that pedestrians coming from Benmont Avenue are going to cross at the end, not at Orchard Road. Hurd noted that the current pedestrian corridor is the railroad tracks. Sinnott asked and Hurd noted that this has been designed for state approval. The agency was opposed to the curb cut, and has made it difficult and expensive for Aldi. Aldi has undertaken everything that the state has asked. Krawczyk does not feel that Aldi is going to be a pedestrian destination. Hurd noted that Aldi was required to install a sidewalk from Orchard Road down Lover's Lane. Brush asked if this project was separate from what is happening there now and Hurd noted that it was. Colvin noted that she feels a sense of intimidation when they talk about "the state." She feels that they need to collectively say that this does not fit. Gauthier noted that he was concerned about having two crosswalks with the slip lane. The motion to reconsider passed unanimously. Hall moved to adopt alternative D1 with the slip lane and no crosswalks. (Forcing crosswalk back to Hicks Avenue). Krawczyk seconded. He agreed that the representatives should come before them for discussion. Brush would support eliminating the slip lane because she feels that traffic will move better with a turn lane. Sullivan noted that in the past where towns have had concerns with the AOT the regional planning commission and regional TAC has taken an active role in helping the town. He has worked with Gilman and Wright on similar issues. The motion carried with five in favor. Brush and Santarcangelo were opposed. Hurd will revise his letter to the agency. 

6. ERRORS & OMISSIONS
Hurd reported that this is a statutory requirement. Once the grand list is filed and tax bills have been prepared, corrections have to go through this process. The total difference is an increase of $220,400 in the grand list. Hurd noted that a number of these were corrected because the tax bills printed properly, but the notice was incorrect. Hurd noted that in every case this does not impact them. If it is an error found after the fact they are given an additional 30 days. Colvin moved approval. Brush seconded. The motion passed unanimously. 

7. GRANT APPLICATIONS
A. DOWNTOWN REINVESTMENT FUND - ROUND I
W. Colvin presented the application to the Board. He explained that this is state money allocated by the legislature. Last year there was a $1 million allocation. . Due to fiscal constraints, Round I has been reduced to $333,000, and Round II has been postponed indefinitely. This is for rehab or improvement projects on privately owned commercial or mixed-use buildings. They are proposing 210 South Street. They are titling it 210 South Street Code and Access project, and it has been designed to help the developers address some code compliance issues and create handicapped accessibility. They also plan to repair the fire sprinkler system, install handicapped entrances and appropriate lighting. They will be upgrading the elevator, water and sewer service. They will also be adding new bathroom facilities including ADA accessibility. They will also address lighting. The total project cost is $138,900. The maximum available grant is $75,000. The match is provided solely by the developer. Hall moved approval of the grant application. Gauthier seconded. The motion passed unanimously. Krawczyk asked and W. Colvin noted that they have quotes on all of the aspects of the project. W. Colvin noted that there are funds committed for additional work beyond the scope of the project. The motion passed unanimously. A resolution was circulated for signature. 

B. DEPOT STREET ENHANCEMENT PROJECT
W. Colvin noted that the Board previously approved the letter of intent in August. These are federal funds managed by the Vermont Agency of  Transportation. This is available to fund transportation related projects. There is a rough budget. This is based upon input from the highway superintendent and has been expanded to include from Main Street to River Street. The plan is to develop new curb and sidewalk including new access management at  Aubuchon, including new landscaping along Depot, and a link from the municipal parking to the downtown core. Hall asked and Colvin noted that they have included sidewalks on both sides of the street. The have developed a conservative budget to address potential options. The formal scope of work is not due until July. Their intention is to negotiate with property owners to provide safer access management and safer curb cuts. The budget is $312,000, which includes a $23,500 contingency line item. The Transportation Enhancement program is 80% federal, and requires a  20% local match, $62,400. W. Colvin is requesting that the Board approve $35,000 each from FY 2003 and FY 2004 to apply to the project. W. Colvin noted that this is a reduction from that line item from the past fiscal years. Much of this work is necessary infrastructure improvement equaling $157,000 that would have to be locally funded at some point. Colvin noted that they did put $50,000 each year in the budget for infrastructure improvements. They have made the downtown much more vibrant and attractive. Hall was reluctant to approve this without seeing drawings, potential curb cuts, landscaping, etc. W. Colvin noted that this is highway budgeted money. The final scope and project plans would come before the board for final approval. The final approved scope is not submitted until award announcements are made. Hall asked about curb cuts. He asked if they have a right to change that, or if they need agreement. Hurd noted that under the law, they have the right to change that. Boards in the past have been reluctant to force the closure of curb cuts against the wishes of the business owners. Hurd noted that they envision curbed islands. W. Colvin noted that they would be done with the cooperation of the property owners. Brush moved approval. Gauthier seconded. The motion passed unanimously. Krawczyk asked, and W,. Colvin noted that there is a $5000 signage allocation for mini kiosks and four informational signs. Hurd distributed a resolution for signature. The motion passed unanimously. 
 
C. FY 2002 MUNICIPAL PLANNING GRANT
Colvin presented the Municipal Planning Grant on behalf of D. Monks. He noted that the Planing Commission has approved this. They are asking the Board to authorize the application for $15,000 to hire a consultant to perform comprehensive Northside/Kocher corridor studies. The scope would be from the Hannaford Plaza to Park Street, and the scope of work would include vehicular, pedestrian, and non-motorized traffic. There is no local match requirement. The Planning Commission urges the Select Board to support this as part of the comprehensive management plan. Krawczyk moved approval. L. Colvin seconded. The motion passed unanimously. A resolution was circulated for signature. Hurd noted there would be an overlap with ongoing studies by the state and the Regional Commission. This engineer will be their vendor. 

8. PROCLAMATION - INTERACT CLUB

Santarcangelo read the proclamation:

WHEREAS, the first Interact Club was officially certified by Rotary International in 1962 and there are approximately 8,000 Interact Clubs certified in 107 countries and geographical areas making Interact a truly worldwide phenomenon; and

WHEREAS, Interact is an organization of service clubs for high school age students that promotes international peace and understanding; and  

WHEREAS, through service learning activities interactors learn the importance of developing leadership skills and personal integrity, helpfulness and respect for others, understanding of the value of individual responsibility and hard work along with international understanding and goodwill; and 

WHEREAS, the Catamount and Bennington Rotary Clubs have sponsored the Mount Anthony High School Interact Club in cooperation with the high school since 1992; and 

WHEREAS, each Interact Club must perform service projects that benefit the local community and promote international understanding; and 

WHEREAS, the Mount Anthony Interact Club internationally has donated to UNICEF, assisted the Peace Resource Center "Sister City Project: by soliciting school supplies for students in Somotillo, Nicaragua, provided scholarships for students to continue their education and construction of a n addition to the Somotillo school building; along with funding for an expansion of health care services and the local water department; and 

WHEREAS, locally the Interact Club has shoveled snow for seniors in the winter which allows them to be independent, delivered roses on Mother's Day to residents in local nursing homes, and assisted a number of community agencies including the Bennington-Rutland Opportunity Council, PAVE, Sunrise Family Resource Center, and Generations among others. 

NOW THEREFORE, we, the Bennington Select Board, do hereby proclaim the week of November 5 - 12, 2001 as International Interact Week in recognition of the efforts of the Mount Anthony High School Chapter of Interact along with the sponsoring Rotary Clubs.  

Santarcangelo noted that there are about 25 14-18 year olds, and 16 pairs of mentors and teens developed by the Interact Group. He feels that this is an outstanding club in the community, state, country and world. He is very proud of the group. Santarcangelo moved adoption. Colvin seconded. The motion passed unanimously. It was circulated for signature. 

9. BOARD OF LISTERS APPOINTMENT  
For discussion in Executive Session.

10.  MANAGER'S REPORT
Hurd noted that there were two state personnel working on the signalization of Northside Drive.  He referred to a memo from Hörst of the Planning Commission to effect the change along Northside Drive. At the end of today, the two intersections impacted were brought from  D and D- to C and B levels of service. Monks had also raised concerns for the intersection at Orchard Road. The Agency of Transportation will be undertaking that review coincidentally. Sinnott noted that the lights in Rutland are well timed and signalized. 

Hurd noted that there is a ribbon cutting for the completion of the North Street enhancement project at 4:30 on Thursday, October 25 at the Four Corners. 

Hurd noted that there have been ongoing water problems along Harmon Road and Buckley Drive for the last several years. The state is currently providing water at no cost to the homeowners. Recent studies by the state and EPA have shown increasing level of PCE, a dry-cleaning or degreasing solvent, to the point where state is concerned that use of showers and hot water would put this material airborne in the mist. The state will be stepping in at no cost to the homeowner with a pretreatment system installed and they are seeking waivers of zoning issues. At the same time, the EPA is widening the study area, moving south along Northside Drive, trying to pinpoint the source of material. If they are able to pinpoint and designate responsibility a new water line will be installed on Buckley. All those along Harmon will be connected at that person's expense. If a responsible property owner cannot be identified, the EPA will do project at their expense. The municipality would take over maintenance of the system. If the EPA finds it does not warrant their participation, the state has guaranteed that they will reimburse the town for any expenses for installation of water line to those homes. Hurd noted that they were prepared for the town to step in and do the work and seek reimbursement, but the EPA will not work that way. The EPA is moving quickly. Hurd noted that the EPA study could take three to six months. They are seeing such increasing levels that the activity is increasing dramatically. Sinnott feels that their main concern should be for the health and welfare of their citizens. Santarcangelo asked, and Hurd noted that  Bill Brest from State department of Health should be asked to issue letters to the citizens. Hurd noted that those homeowners would be receiving notice from the state immediately. Hurd noted that they are seeking a waiver of the permit process through Monks, the Zoning Administrator. Colvin asked about construction of a water line, and Hurd noted that it might be spring. Hurd noted that this system could be constructed in winter. The State Department of Health monitors the pretreatment system. 

Hurd announced that due to retirements of Elwell and McGarahan the police department has just gone through a promotion process. He is pleased to announce that Dean and Doucette will be Sergeants, Cam Grandy and Elmer will be promoted to Corporal. The Board offered congratulations to all of them.

11.  OTHER BUSINESS
Krawczyk asked about the sidewalks from County to Duffy for the Middle School project, and Hurd noted that their role is permitting, design review, inspectors of the work, and once complete and certified, they would take it over and begin maintenance. 
Krawczyk also noted that the stop sign at Union Street might have been an error. He would like to reconsider. Sinnott noted that they have an ordinance in place, and the process is that the staff drafts an ordinance repealing that provision. Hurd noted that there were a number of homeowners in the corridor that sent letters in support of the stop sign. Sinnott felt that they might consider site visits on some traffic ordinances. Colvin felt that they should look at the double stop signs at the end of Monument Avenue Extension. Hurd will put together repeal notice on both for the next meeting.

Krawczyk noted that he agrees with Hurd's message and tone in the letter to Governor Dean regarding the Agency of Natural Resources decision regarding a retirement village.

Colvin noted that a citizen called about canisters on countertops in stores wondering if they are all legitimate. Hurd noted one can call the American Red Cross, and they will confirm or deny the collection point. Other collection canisters are at the donors' risk. 
 
12.  EXECUTIVE SESSION
As there was no further business, Brush moved to adjourn to Executive Session to discuss real estate, personnel, and contractual issues. Colvin seconded. The motion passed unanimously and the meeting was adjourned at 9:11 P.M.
 
Respectfully submitted, 



Robyn C. Baker 
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