BENNINGTON SELECT BOARD MEETING BENNINGTON FIRE FACILITY MULTI-PURPOSE ROOM - 3RD FLOOR 130 RIVER STREET BENNINGTON, VT 05201 MONDAY, NOVEMBER 24, 2003 MINUTES BOARD MEMBERS PRESENT: Sharyn Brush-Chair, Joe Krawczyk-Vice Chair, Scott Creedy, Lodie Colvin, Ronal Hall, James Gulley, and Michael Lochner. ALSO PRESENT: Stuart Hurd-Town Manager, Meg Campbell, Terry Morse, Roger Ward, and Recording Secretary, Christa LeBlanc At 7:00 P.M. Sharyn Brush called the meeting to order. Sharyn Brush stated on behalf of the Town she would like to send condolences to the family of Jay W. Campbell who passed away this weekend. Sharyn Brush asked Stuart Hurd to introduce the gentlemen here this evening to observe the meeting and Stuart stated the Boy Scouts, Troop 300 are here this evening to attend a Town Council Meeting as part as their local government citizenship for their community merit badge. The following men attending the meeting are Scout Leader, Tim Ordway, Instructor for the Merit Badge, Jim Gerino, and Boy Scouts Ryan Bushee, Corey Dywer, Andrew Farnum, Chris Maxi, and Elio Mendolia. 1. MINUTES-NOVEMBER 10, 2003 Scott Creedy moved and Michael Lochner seconded the approval of the Minutes of November 10, 2003 amended as follows: Line 15, 49, & 59 change "Travis Biddle" to "Travis Buttle" Line 26 change "Micro Serves" to "Micro Seals" Line 364 change "Dick" to "Senator Richard Sears" Line 365 change "and is a struggle" to "and it is a struggle" Line 398 change "digressive" to "regressive" Line 399 change "influent" to "affluent" Line 403 change "pays four-five times the sales tax" to "pay four-five times greater than the sales tax" MINUTES OF NOVEMBER 15, 2003 Michael Lochner moved and Lodie Colvin seconded the Minutes of November 15, 2003 as written. The motion carried five in favor and two abstentions. 2. WARRANTS The warrants were circulated for signatures. 3. CITIZENS Meg Campbell from the Preservation Trust of Vermont distributed literature to the Board and also stated if any resident of the town have any questions they can email Meg at Meg@ptvt.org or call her at 442-8951. 4. WATER TREATMENT PLANT UPGRADE PRESENTATION Roger Ward and Terry Morse are here to present the final design in hopes to have a March Town Meeting, a Bond vote on these system improvements that are in fact mandated of the town by new State and Federal Regulations. Stuart also stated they do not have a final design costs because the state has been changing the landscape as we move through the design project. We have also provided for you some bond cost projections and are asking you to focus on the cost itself as it relates to the original cost. This was a 5.5 million bond over twenty years and the impact rates analysis that was prepared for the Board in October 2002 has been amended slightly because the rate was set for $180 not $160 in 2003. Ronal Hall asked Roger Ward how much has been spent on developing the plan and Roger stated the contract was for $249,000 and another $50,000 has been spent on the master plan, which was used to go to this stage. Ronal stated we are into this project for $300,000 and Stuart stated $249,000 is a planning grant the town received last year and authorized Dufrense & Associates to proceed with the final design. This is money loaned to the Town of Bennington. If we take no action within a five year period we have to begin paying them back at three percent interest and if we take action during that time and begin construction they are paid back as part of the long term loan. Ronal asked when the five year period up and Roger stated 2007. Ronal asked are we doing this project under state mandate and Roger stated currently last October the Town of Bennington's Water System was placed under a two/one violation where haloacetic acid exceeded the NCL. The town has gone ahead and proceeded into a design to correct those methods and the state has sat back and not gone into any fines because we are progressing to resolve these issues. Ronal asked if the town does not do this right of way are we are going to have a problem with the state and Roger could not give an answer to what the fines would be. Ronal also asked in order to solve this particular measurement we need to spend 5.5 million dollars and Roger stated that is one of the issues and Ron asked what is the minimum needed to be spent to solve this acetic problem and Roger stated it is part of the total project. Roger stated there are other issues that need to be addressed and one is the concentration time for disinfections that is not built in. When the treatment facility was first constructed in 1978 there was not a requirement for this. Right now and several occasions during the year the concentration times have not been met for disinfections. We have the disinfections problem, disinfections byproducts issue and a lack of calcium in the raw water. Joe Krawczyk commented when the Board voted to approve and apply for the grant it was discussed how long it would take for completion and whether or not when the Board got this briefing back we would move on it this year or if the Board felt the town could wait one more year and Roger stated the Board held off to decide if there was going to be a bond vote in March 2004. Joe is concerned if the decision was to wait one more year would we be pushing the time line for completion and lose our number one priority for the three percent loan from the state and Roger stated the state has come back and has guaranteed two years of two million dollars. This means the state is willing to loan the town four million dollars plus the engineering final design costs of $249,000. Joe noticed the projected costs were at five percent and Stuart stated the bond cost projection was done by the Accounting Department and they were looking for a comparison of the twenty-year note that is what the water systems monies are versus a thirty-year bond cost. We used a higher project cost at 5.5 million and higher rate to see what those impacts might be. In 2004, assuming we phase this project over two years you would have the design cost and the first two million dollars impacting the budget. It forced the rates from currently $180 flat rate to a rate projection of $194. Ronal commented the homeowner's will go from $180 to $194 and Stuart stated that covers the first 2.2 million of the 5.2 million and will be phased over two years because it is a project that is integrated. You will change the controls in the system because you have to deal with issues of tepidity and contact time and those controls can be done early on, you can add the secondary levels of storage and spread it over two years which obviously gives the town the opportunity to reduce the rate impact over those two years. Ronal asked what would be the impact of the rates and Stuart stated it is $280 and this is on the maximum cost, higher than the 5.2 or 5.5 they have been using. The state has begun to change the picture to require improvements at one point were optional because of their concerns that some of these changes were not going to meet the long-term requirements for state and federal Water Treatment Proposed Water Systems. Ronal also asked if this has any inflation or impact on the Water Department and Stuart stated it does take into consideration that the existing operating costs continue to increase but the reserves remain constant. We have reserves built into the budget and will not be reducing those reserves because it will offset that cost and will also add reserves for equipment for part of this project. We do plan for inflation and growth in the system as part of that $280. Ronal also stated the rates were $126 three years ago and are now 2.7 times the rate in four years and Michael noticed in the year 2010 they have been projecting at a rate of 4.1. Roger stated that is going into the phase two portions, another 6 million dollars and Stuart stated those issues are not mandated but would improve the system. They address some of the system deficiencies that have been identified through the planning grant that we had over two years but had asked Dufrense & Associates to point out those deficiencies and we know there are line, loop, and elevation problems in the system. Michael Lochner mentioned the water system exists not only for the people who use it through fees but also the community at large. We would not have the industry here that we have without a water and sewer system. There are a lot of benefits from the system that include the entire community. A project like this we look at a capital expenditure that serves the entire community, those who are on the system and those who are not. Why don't we look to share some of this burden through the tax rate and Stuart stated when the original town and village consolidated in 1970, there was an agreement at that time as part of the charter for those people in the rural areas, not on the systems would receive a discount on their tax rate of sixty-five cents at the time. Over the years as the grand list grew, the tax rate diminished, and the sixty-five cents remained constant and the town got to a point where the tax rate came down to the low $2.00 range and people were being discounted almost forty percent of their taxes for not having water and sewer and helping pay those bond costs associated with the system. In 1981 Stuart believed we changed the way we paid for bonds out of our user fee and enterprise funds and also changed the charter eliminating the discounts. The idea was if you were not on the system you do not have access to it, you don't pay those costs, taxes were not discounted, and the users paid the bond costs. At one time we were facing a two million dollar improvement at the Waste Water Treatment Facility and didn't want to put that on the backs of the taxpayer who didn't benefit from the system. Michael felt the reason the entire community didn't vote on the water bonds versus the user is because the town is the guarantor of those bonds and Stuart stated that is correct, it is the law, and the town is using the entire grand list of the community as collateral. Roger Ward stated the Master Plan and Capital Improvement Plan for the Bennington Water System was prepared for local review on October 8, 2002. These documents contained the results of engineering investigations to identify system inadequacies, evaluate alternative solutions, and recommend system improvements. A total project cost of $11,000,000 was identified and was separated into two phases. The phase one final design plans and specifications define substantial improvements at the Bolles Brook Intake at the Water Treatment Facility. The improvements were developed to improve water quality. Bennington is currently in violation of the disinfection/disinfection byproducts rule for haloacetic acids. The design incorporates an innovative disinfection process using ultraviolet light and chloramines. If approved by the State, it will be the first use of ultraviolet light for disinfection for a community water system using surface water in New England. Ultraviolet light disinfection does not created haloacetic acids during the disinfection process. Phase 1 Source and Treatment improvements include: * Bolles Brook Intake improvements: o Intake Structure hatch installation o Installation of a mechanical screens o Installation of a diversion vault and electric actuated valves o Installation of infrared lights within the intake structure * Water Treatment Facility Improvements: 1. Existing Facility o Installation of influent flow control valves and piping o Instrumentation and Filter Control upgrade o Replacement of the residuals pump o Installation of two vertical turbine residual water pumps and controls o Removal of the emergency generator o Removal of the two residual setting lagoons o Removal of the Sodium Bicarbonate feed system o Removal of the Sodium Hydroxide Storage and feed system o Removal of facility electrical service entrance 2. Installation of a Treated Water Pump Station that will house: o New Electrical service entrance o New emergency generator o Three 25 HP Vertical Turbine Filtered Water Pumps and Variable Frequency Drive Units o Three ultraviolet light primary disinfection units o Three 30 HP Vertical turbine Treated Water Pumps and VFD's o Ammonium Sulfate Feed system and storage for generation of chloramines o Finished water flow meter o Chlorine Injection locations o Carbon Dioxide Injection Location o Lime Feed location o Process Piping o Mechanical Heating and Ventilation systems 3. Installation of a lime storage silo and feed system 4. Installation of a carbon dioxide 5. Installation of a 300,000 gallon residual solids thickener tank 6. Installation of a 6,000 square foot freezing/drying bed 7. Installation of new site access drive 8. Installation of new chain link fence 9. Site upgrading, yard piping, and site drainage collection 10. Water System SCADA improvements for the facilities not currently providing information to the water treatment facility. This information will be transmitted via licensed radio and will include all of the pressure regulating vaults, West Side Pump Station and Tank, Burgess Road pump Station and Tank. Roger stated the Water Treatment Facility and intake upgrade project has been submitted to the Vermont Water Supply Division for project prioritization as the first step obtaining State Drinking Water Revolving Loan funding. As of August 2003 this project is listed as the #1 priority in the State of Vermont by the Water Supply Division and has been identified to receive $2,000,000 per year loan at three percent interest. Ronal asked how close is Steve Wright's house to the facility and Roger stated Woodford's Planning and Zoning has a fifty-foot setback requirement and the large tank sits fifty-two feet from the Woodford property. Joe asked if there was any security lighting around the facility and Roger stated there will be lights on the exterior of the pump station, front entrance and exit doors and would be on from dusk to dawn. Michael asked if it was necessary to have a tank for storage and contact time and Roger stated in order for a treatment facility to operate on an even keel you would need a significant amount of volume. Stuart asked Roger if in fact we need an 800,000 gallon tank for contact time, what height of a tank is needed to gain necessary elevation and Roger stated the tank must be ten feet above ground and the same diameter. Stuart feels we should address this issue not only for the concern the neighbors may have for the size of the tank but also the concerns for costs in meeting the requirements versus meeting needs. Stuart also stated we could bid on a smaller storage tank, save money and not place the town in jeopardy in meeting their legal requirements but would place the town in jeopardy when it comes to an emergency situation. This has been an issue since 1978 and the town has not been able to deal with it at this facility. Lodie asked Roger where were the ultra violet lights were being used and how do we know how well they will work and Roger stated it is being used in Europe and the ultra violet light does not create disinfected byproducts, no hazardous materials. Stuart asked Roger if he could present the final numbers of the project to the Board at their next meeting in December and Roger stated that would not be a problem. Joe asked what is the time line and Stuart stated this must be warned by January 24, 2004 and the Board must hold a public meeting ten days before the warning. Joe also asked if the Board could have a tour of the site and Terry Morse stated he would set up two different dates to accommodate all members of the Board. Stuart stated if there was a forum attending, a meeting must be warned and the media notified. Lodie also asked if she could have information on what the impact would be for homeowner's rates as the years progress and would it impact the metered users and how and Stuart commented he would have this information, he would update the spreadsheet, and would also like to discuss briefly what kind of reserves we have, what kind of reserves and projects costs we are building into the budget that can be used to offset and mitigate that increase at the December 8th meeting. 5. SET FIRST HEARING FOR ZONING BYLAW ADOPTION Stuart Hurd felt the Board shouldn't take action tonight because the resolution had an incorrect date and Stuart also stated the Planning Commission will have their report for the Board's meeting in December. 6. PROCLAMATION - AIDS AWARENESS Sharyn Brush stated December 1, 2003 has been declared World AIDS Day and the Proclamation read: WHEREAS, December 1, 2003 has been declared World AIDS Day; and WHEREAS, AIDS awareness is the most effective method for fighting this dreaded disease through the education of the population; and WHEREAS, AIDS continues to claim the lives of many of our citizens here and worldwide, any many more are infected with HIV, the virus that causes AIDS; and WHEREAS, AIDS education and education on the activities that help spread the dreaded disease are of primary importance; and WHEREAS, the Town of Bennington wishes to demonstrated its support in this fight, NOW THEREFORE, We the Bennington Select Board do hereby proclaim the period of November 30th through December 6th as AIDS Awareness Week in Bennington, and authorize the placement of AIDS Awareness Banners on downtown light poles and to commemorated World AIDS Day in Bennington, we authorize the Bennington Bell to be rung on December 1, 2003 at 1:30 p.m. Dated at Bennington, Vermont, this 24th day of November, 2003. The Bennington Select Board _____________________________ ____________________________ Sharyn L. Brush, Chair Joseph L. Krawczyk, Jr., Vice Chair _____________________________ ____________________________ Lodie Colvin Scott Creedy _____________________________ ____________________________ James A. Gulley, Sr. Ronal P. Hall _____________________________ Michael Lochner The Proclamation was circulated for signatures. Lodie Colvin moved and James Gulley seconded the approval of the Proclamation In Support of AIDS Awareness. The motion carried unanimously. 7. LIQUOR LICENSE APPLICATION Stuart stated Dogs Breath Bar and Tap Room is a new establishment that is proposed for 445 Main Street. The liquor license application was circulated for signatures. 8. MANAGER'S REPORT Stuart stated he has drafts of the audit available for the Board and will be on the agenda for the first meeting in December. This is the first audit Bennington will have where the Gasby requirements take affect and does require additional work by the management staff to gather information on the assets for the auditors and also contains a management's discussion analysis which is the Chief Executor Officer and Chief Financial Officer who had to write a management perspective of the financial condition of the town. Attached to the Manager's report was the status report that addressed the questions that Michael posed a month ago. This is an overview of the Police Department and some comparisons regarding activities relating to Bennington's Police Department with Brattleboro and Rutland. There are also statistical comparisons attached and the Chief branches into offering some considerations of how to approach the fact that Bennington has a lesser staff per resident than the other two departments in handling more incidents. This report gives you an idea how busy the Police Department is and effectively how well they do with what they have. James Gulley stated he is attending the Police Academy program and is surprised at the amount of time an officer spends doing their reports. 9. OTHER BUSINESS James Gulley asked Stuart if we had sold any water from Morgan Springs and Stuart stated no, it has taken approximately 4-5 months to get the state's approval for the changes at Morgan Spring because this is a permitted water system and we are making alterations to the system and needed the Water Supply Division's approval. Stuart also stated we are out to bid, the plans are finalized and hope to be up and running for sales by February 2004. Lodie Colvin inquired on the Hunt Street Bridge and Stuart stated it is a seven step state's engineering process and we are looking at 2006. Michael Lochner stated as tax collector for the town, school districts, and fire departments felt the flyer he received was timely and discussed the Homestead Declaration. Michael is concerned because we guaranteed the schools the monies next November and the way he read Act 68 some of our citizens may be surprised with the lack of the prebate check coming. As tax collector for the town, Michael thinks it would be appropriate as we develop our town report, advertise so residents are aware that the prebate check is disappearing and a segment of the protected residents need to start saving money to pay their tax bill next year. Joe stated the prebate checks could be less than what they had received and Michael stated the two percent cap is no longer there for everybody. This changes by level of student spending, the more they spend per student the higher the two percent rises up to a maximum of 3.4 of the Legislation. Michael feels we need to let the public know they need to be prepared next year for a change that is coming and Stuart stated this is a good point and the town report is a good place to do it. Also it is important for people that haven't been using the prebate/rebate system they now must file that Homestead Declaration because if you fail to do so your state school tax will be based on the $1.59 and Michael stated there is a penalty two or three times the difference. Sharyn Brush stated it is important to file this Declaration of Homestead with the Department of Taxes on or before April 15, 2004. The purpose of the declaration is to divide the grand list between homestead and non-residential properties. Filing a declaration ensures the homestead properties accurately categorize for the education tax purposes and the taxpayer receives the correct tax rate and income sensitivity payment if eligible. This campaign is urging homeowners to immediately complete the form and return it to the Tax Department. Sharyn is asking for assistance in repeating this message and encouraging your constituents, clients, and residents to file the declaration on or before April 15, 2004. There is also information in the Town Office and a taxpayer service number listed with a web site. Sharyn is encouraging you to see your Town Clerk, Timothy Corcoran if you have any questions because it is really important when it comes to the prebates for next year. Scott Creedy asked Stuart if he had looked into the issue of monitoring the traffic on North Bennington Road before Home Depot opens and Stuart stated he had spoken to Dan Monks and his recollection is there are facts and figures from 2000-2001 that could give a good base line. Stuart also stated we have the capability to do the counts and once Home Depot is open a traffic count will be done. Joe Krawczyk stated there would be a Bennington County Energy Forum on Saturday, December 6th from 4:00 - 6:00 pm at the Bennington Fire Department. Representative Mary Morrissey, Tim Corcoran, Albert Krawczyk, Joe Krawczyk, Commissioner O'Brien, Senator Vince Saluzi, representatives from Green Mountain Power, Vermont Yankee, and Central Vermont Public Service will be attending the meeting. The purpose of this meeting is to hear from the experts and citizens so the Legislators can take this information to Montpelier because there may be issues on energy forthcoming. Joe also commented on the trash throughout town and would like to see if the town could sponsor a holiday clean up campaign. Joe also mentioned the schools have cleaned up their areas and downtown looks great with the holiday lights and feels it would be a good time to do this before the snow falls. Stuart stated a holiday clean up campaign can be done and he will look into this further. At 9:05 P.M. Joe Krawczyk moved and James Gulley seconded to adjourn the meeting and go into Executive Session to discuss contracts. Respectfully submitted, Christa LeBlanc Recording Secretary