BENNINGTON SELECT BOARD MEETING
TUESDAY, MAY 14, 2002
BENNINGTON FIRE FACILTY
MINUTES

BOARD MEMBERS PRESENT: Salvatore Santarcangelo, Joseph Krawczyk, Jr., Salvatore Santarcangelo, Ronal Hall, Sharyn Brush, Lodie Colvin, Michael Lochner, and James Gulley.

ALSO PRESENT: Stuart Hurd, Town Manager; Patrick Kinney, Highway Department Manager, Jim Sullivan, Sandy Roe, Velco; David Watts, and Tim Upton, CVPS; James Frechette, Judy Klein, Sue Katchmar, Ralph Watson, Jeff Gauthier, Robert Burgess, Terry Morse, Bobby Gates, and Robyn Baker. 

At 7:15 P.M., Sharyn Brush called the meeting to order.  

1. MINUTES
April 23, 2002
Line 266, should read $0.75 million, not $0.75. Gulley moved to accept the minutes of April 23, 2002 as amended. Santarcangelo seconded. 

Colvin moved to accept the minutes of May 1, 2002 as corrected. Lochner was not present. Krawczyk seconded. The motion passed. Lochner, Gulley and Santarcangelo abstained.  .

2. WARRANTS
Circulated for signature.

3. CITIZENS
None.

4. CVPS/VELCO - High Tension Line Relocation/Chapel Road
Tim Upton and David Watts were present from CVPS. Sandy Rowe was present for Velco. Upton reviewed the Section 248 process that goes before the Public Service Board. Upton reviewed two different sets of plans. The plans the board received did not include contour details. He explained that this leg of the bypass is proposed to be constructed where there are CVPS and Velco transmission lines. Utilities need a certificate of public good under Section 248 of Title 30, which means that they need to meet ten findings, which Upton reviewed in detail. Upton reports that they are hoping to file a petition with the Board next month to get the permitting for the line relocation finished. Hurd asked why they are being forced to move the power lines. Watts explained that the major current lines that cross Chapel Road are all in the right of way shown on the plan. They need to relocate the lines to one side or the other of the highway. Hurd asked, and Watts explained that it would be extremely expensive to bury the lines, $210,000 for KB lines, and three to four times that for the other line. There are stream crossings and banks involved. The main substation is on Route 9, the Woodford Road substation, and is the hub for bringing power from Massachusetts and New York into Vermont. Krawczyk asked and Watts noted that the lines will be on the land of CVPS and Velco. Hall asked how many homesteads are crossed, and Watts noted two. They currently don't cross any. Hurd asked the total cost of the entire relocation from the Roaring Branch north to Chapel Road. Watts explained that the total cost would be $800,000 to $900,000. That includes acquisition of the land they have to purchase east of the Bypass. Hall asked if they would purchase all of the property that they are crossing. Gulley asked if sections of the project could be buried. A 1,500' section would cost $300,000 - $400,000. Hurd noted that if the bypass as shown were shifted to the east where it loops, the entire cost would be dealing with the crossing at Chapel Road, which could be buried for less than the contemplated cost of the project. Hurd understood that part of the reason was the aesthetic consideration of moving the high-tension lines out of line of view of the Bypass. Hurd noted that there is a savings to be had, but the community might not agree with the loss of aesthetics. Hall noted that if you move the bypass or the power lines, the homes are taken out anyway. That could be accomplished within the existing right of way. Brush asked, and Hurd noted that the Board could ask AOT to review this. The Agency of Transportation will be taking some homes along Chapel Road and some along East Main Street. This is forcing CP and Velco to take additional homes that would otherwise not have been affected by the Bypass. Krawczyk would like to ask the AOT these questions. Santarcangelo and Krawczyk felt that travelers would not be on the length of road long enough for aesthetics to become an issue. Krawczyk would rather see the lines go west of the Bypass than east. Upton noted that they have been asked to get the project filed with the Public Service Board. He anticipates that there will be hearings. They will file a petition to ask the public service board to approve the design. The town is able to be a party to that review. Upton noted that if the plan for the highway were to be changed, they would have already asked the Public Service Board for approval. They will file this application next month. Hall moved to comment on this plan to the Public Service Board with prejudice on the filing based upon requesting the AOT to review the route of the Bypass. Upton noted that when they file their petition he needs to provide testimony to the Board on whether this was interfering with the development of the region. The board is uncomfortable supporting this at this time, which means that they find this development may interfere with the orderly development of the region. Hurd noted that in the interim they have an opportunity to go to the Agency of Transportation with their questions. They now know the costs to bury the cable along the juncture. They will make that determination on May 28. If the lines were moved to the west of the road, one home would be impacted. The road crossing would stay the same. The underground price Watts quotes was per circuit, and there are three. Krawczyk asked why CV shifted east instead of west. Watts noted that one of the reasons was aesthetics. They contacted the property owners along the road to see which side they would like to see it. These are hub lines, and are vital to maintain service. Brush asked, and Watts noted that the bridge is about 35' above Chapel Road. Brush noted that the Board is seeking the least amount of impact on the least amount of houses. Watson agrees that this is an expensive project. He reported that the Sandbar electrical line crosses Lake Champlain under the water. Gulley asked, and Hurd clarified that if the Bypass can be relocated, then Velco and CVPS are only faced with whether or not to bury the cable at the intersection. Gulley seconded the motion. The motion passed unanimously. Hurd will be in touch with AOT and will try to have answers by May 28. Upton asked if Hurd would send him a letter that he could include in his testimony. Krawczyk asked if the town has the ability to appoint someone to represent them at this hearing to go on the record and make statements. Hurd noted that they would take testimony from the Board whether they have formal party status or not.  Watson reviewed an alternative plan in detail. Brush noted that they would take the suggestion to the AOT. Watson noted that there are intersections with transmission lines and highways all over the country. 

5. INFRASTRUCTURE COMMITTEE REPORT
Frechette indicated that the following individuals participated on the committee: James Frechette, Judy Klein, Sue Kachmar, Kent Gatling, Jon Turgeon, Bob Burgess, Jeff Gauthier, Jamie Jerome, Rick Knapp, Patrick Kinney, Paul Cummings, and Walt Sweet. Krawczyk thanked Hall for suggesting the committee. He asked the committee to look at their recommendations to see what could be accomplished in five years. He also asked them to identify the big dollar items, where they would need to ask people of the town to support with a bond. Frechette noted that they detailed several areas of priorities that they attempted to address through capital planning and budgeting. There are more mandates coming down, including the treatment of storm water drainage prior to discharge in waterways. Anything that increases taxes, water or sewer bills, is not going to be pleasant to deal with. For the most part, the community is viable. He does not think that recommendations would place a severe financial burden on any household. All of the findings and recommendations for the water department are real. If the implement doubling the water rates, they will impact 1-2% of the households in Bennington. These costs are going to rise rapidly. If delayed, they may impact 4-5% of the households. The committee felt comfortable recommending that many of these be mandated and not put out to the voters. North Bennington has recently metered water. Frechette would not object to the Select Board categorizing this in whatever way they see fit. Hall felt that this is an excellent report, and he would like to see the Board deal with this in digestible parts. He would like to set up a series of meetings, first water and wastewater, short term and long term costs, etc. Hall felt that some of these issues cannot be put off, some can. Brush felt that they could prioritize the water division part and come back in a month. Colvin found the report very readable, and felt that it was a great first step. She is sure that the board can carry the report further. She thanked the committee for their work. Gulley asked if water meters are available, and Hurd noted that they are currently under policy that allows duplexes and higher to install them at the owner's expense. In most cases, the meter will pay for itself in less than a year. They do not sell meters to single family owners because it would not be cost effective. Krawczyk noted that except for the water meter issue, he did not see sources of funding for the other recommendations. Frechette noted that funding seems to be limited to culvert work. Hurd feels that the report should go to the staff now. Frechette heard that there is a bill before the senate to help fund projects. Hurd noted that there are federal dollars available. Hurd recognized Beth Antiognio and Linda Ramuta of the town staff. Frechette thanked Terry Morse form the Water Department and Pat Kinney from the Highway Department for providing very valuable information. 

6. HIGHWAY DEPARTMENT REVIEW
Hall felt that the citizens and readers of the Banner would be very interested in some elements of the first page, but certainly the second page. Kinney noted that they have included Elm and Grandview Streets instead of Vail Road. Kinney noted that the Village of Old Bennington has the responsibility for the section of Route 9 that passes through the village. Kinney noted that they would be fixing one hole that is related to a sewer manhole as you enter Old Bennington. Hurd noted that the state project to repave from the New York line to the Woodford substation has been pushed back. Krawczyk asked Kinney about the budget, and Hurd noted that as of May 7, there is about $297,000 remaining unexpended. They have payroll for the next seven weeks, and need to address drainage on North Street. The Highway budget is the one they are watching most closely, because it is project driven. Hurd is hopeful for a surplus, which would fall into the fund balance. Colvin thanked Kinney for his report, and commended the department. Colvin noted that above the area on Elm Street on the paving list there is another problem. Kinney noted that would be taken care of this year. Colvin asked if the projects on the paving list have the shoulder work built in. Kinney noted that they would be out to address the shoulders. They worked on Silk Road last week. Kinney noted that hey try to address a 2' shoulder. Gulley asked if there are automatic controllers for salt. Kinney noted that they calibrate trucks every year, and the dials go from 240-600 pounds. They cannot go over 800 pounds or they have to fill out environmental reports. They do not have automatic controls. Kinney noted that as soon as the truck starts to slide, the controller stops working and salt is not remitted. Hurd noted that there are a host of new products available, equipment and materials. He noted that some of the new material allows them to use it until about 10 degrees, instead of 20, which is the point where salt stops working. This product leaves a residual on the road, so there is no problem with black ice. This is more expensive per ton, but not corrosive, and more efficient. Krawczyk asked if Kinney was comfortable with their requests for cuts. Kinney noted that he will go back to point A, and asked the board to remember that the vehicles are another year older. They have set up a plan to rotate the trucks every year. Krawczyk asked if Kinney felt any apprehension being asked to address the board this evening. Kinney was glad to come and give a report. He would be happy to do it more often. He feels that it keeps communication open. Krawczyk and Kinney noted that the highway department employees are excellent. Kinney noted that this is a team effort. 

PROCLAMATION - OLDCASTLE THEATER DAY MAY 17, 2002

WHEREAS, in 1972, five talented young New York-based thespians, formed an itinerant theater company to present performances of great drama and comedy to eager audiences beyond the confines of Manhattan's "Great White Way"; and

WHEREAS, originally organized as the "Pauper Players", these talented actors quickly decided to adopt a less realistically-descriptive name, and settled on the "Oldcastle Theatre Company", in honor of Sir John Oldcastle, the real-life model for Shakespeare's character Sir John Falstaff; and 

WHEREAS, in 1977, after touring for five years, the members of the Oldcastle Theatre Company decided to establish a permanent home in Bennington where the company had performed before enthusiastic and appreciative audiences; and

WHEREAS, the campus of Southern Vermont College was selected as the Oldcastle Company's new headquarters and continued to host the company until the opening of the magnificent Bennington Center for the Arts in 1994; and

WHEREAS, since the curtain first rose on this now-venerable repertory ensemble, the Oldcastle Theatre Company has staged 182 products of 175 plays, featuring a diverse menu of theatrical performances; and

WHEREAS, the company has now established an outstanding education program, including special daytime performances for school children, student internships, and a "First Day Program" for area middle school students, which enables the participants to develop spontaneous sketches based on the joys and fears of starting a new school year; and 

WHEREAS, the Oldcastle Theatre Company is looking forward to continuing the innovative theatrical fare for which the company has been praised. 

NOW THEREFORE, we, the Bennington Select Board, do hereby proclaim May 17, 2002, Old Castle Theatre Day in Bennington, Vermont and congratulate the Oldcastle Theatre Company and its producing director Eric Peterson on its 30th anniversary and extends best wishes for future success. 

Colvin moved to adopt the proclamation. Krawczyk seconded. The motion passed unanimously. The proclamation was circulated for signature. 

7. APPOINTMENTS TO BOARDS & COMMISSIONS
A. DEVELOPMENT REVIEW BOARD ALTERNATES (2)
The Board reviewed seven candidates for two positions. Ballots were filled out submitted. Albert Ray was appointed to the term that expires in May 2005 with seven votes. Randy Maxon was appointed to the term that expires in May 2004.  

B. DOWNTOWN IMPROVEMENT COMMISSION (1)
Colvin nominated Vaughan for appointment to the Downtown Improvement Commission. Hall seconded. The nomination was unanimous. 

8. WATER/SEWER EXTENSION POLICY
Hurd distribute the enhanced policy for the Board to review. Hall moved to table the policy, as he would like the opportunity for further review. Santarcangelo seconded. The motion passed unanimously.

9. LIQUOR LICENSES
The following liquor licenses were circulated for signatures:
* Bennington Texaco II Short Stop

10. MANAGER'S REPORT
Hurd noted the staff has been struggling with constructing an addition to Kinney's office to bring him into the town office and deal with fire safety issue. This can be completed within the current budget if the board approves sprinklering at a cost of $18,800. There is an additional $5,300 in the repair budget to purchase the necessary materials to run a new water main for sprinkler protection, which is required under state law. This would free offices on the third floor that are currently unoccupied and bring the second floor into conformance with fire safety codes. It is also an opportunity to preserve the building should a fire occur. They won't have massive building destruction by fire or fire protection measures. This is a very cost effective and efficient way to deal with fire safety and space. The total cost is around $21000. Hall moved approval of option 3, the sprinklers. Colvin seconded. The motion passed unanimously.

Hurd noted that a petition has been presented asking for consideration for changes to the bylaw regarding junk or inoperable motor vehicles. The Planning Commission will take this up under consideration of the bylaw. 

Hurd noted that a celebration is planned for David Gills life on May 23. He does not know what the response will be. He is working with Paul Silverman, and they have identified off site parking. They are prepared to have police presence for traffic control. They might be forced to close a portion of County Street. Krawczyk noted that there have been hundreds of invitations going out nationwide. 

Hurd noted that the airport runway extension economic impact study was going to be looking at the alternatives. He has found out that is not the case, they are only going to be looking at current conditions throughout the state. There are some economics, but not what they originally anticipated. 

11. OTHER BUSINESS
Colvin repeated her desire to see a no-truck ordinance on Monument Avenue. 

Hurd reported that the hearing on the Benmont mill took place this afternoon. He explained that the outcome is such that the town has provided them until September 15 to have the building removed and hole filled in. Most likely all of the building will be demolished. 

Gulley noted that trailers are being removed from Bennington without paying taxes. He would like to see a permit posted on front of mobile homes before moving. Hurd felt that was a great idea, but he needs to understand if the state allows and authorizes them to do this. Krawczyk noted that the haulers are not necessarily Vermont state haulers. If haulers name are submitted as non-compliant, the DOT will revoke permits to come into state of Vermont. Krawczyk noted that the legitimate haulers come ask if taxes are due. 

Santarcangelo noted that he has had a few comments about the water bills, and the quarterly payments. There is no penalty if they do not pay quarterly, but there is an interest charge. Hurd noted that was discussed when the board extended the due date of the first quarterly bill. Interest is 1 or 1.5% per month. 

Krawczyk asked, and Hurd noted that Tracy Knights would be giving the Recreation Committee report next time. 

12. EXECUTIVE SESSION
As there was no further business to come before the Board, Gulley moved to adjourn to Executive Session for the discussion of Contractual, and Litigation issues.  Santarcangelo seconded. The motion passed unanimously and the meeting was adjourned at 9:00 P.M.
 
Respectfully submitted, 



Robyn C. Baker 
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