BENNINGTON SELECT BOARD MEETING BENNINGTON FIRE FACILITY 130 RIVER STREET BENNINGTON, VERMONT 05201 MONDAY, JULY 14, 2008 MINUTES BOARD MEMBERS PRESENT: Lodie Colvin-Chair; John Zink-Vice-Chair; Sharyn Brush; Matt Maroney; Joseph Krawczyk; Chris Oldham and Jason Morrissey. ALSO PRESENT: Stuart Hurd-Town Manager; Scott Murphy-Economic & Community Development Director; Elaine Letourneau; Cheryl Wishbalm; Gregory and Abi Conners; Keith Armstrong; Arnold and Janice Prouty; Mary Morrissey; Bill Morgan; Harold Albider; Bernard MacDonald; Ed Bove; Terry Morse; Mike Bethel; David Monks; Rachel Schumacher; Alisa Delfucco; James Gulley; Neal Goswami-Bennington Banner and Nancy Lively-Recording Secretary. At 7:00 P.M., Lodie Colvin called the meeting to order. 1.MINUTES - JUNE 23, 2008 MINUTES - JUNE 28, 2008 Sharyn Brush moved and John Zink seconded to approve the Minutes of June 23, 2008 as submitted. The motion carried with Chris Oldham abstaining. John Zink moved and Sharyn Brush seconded to approve the Minutes of June 28, 2008 as submitted. The motion carried unanimously. 2. WARRANTS The warrants were circulated for signatures after Mr. Hurd answered the Board's questions on the Fire Department Chief's car repair, the Applegate duplicate payment, getting bids for all projects and if agencies had received their funding yet. 3. CITIZENS Ms. Colvin advised the citizens that came to speak to the hail cannon issue that, since this was not a warned agenda item, the Board will not be taking an action this evening. Mr. Albider explained that "his dream" of moving to Vermont to grow apples materialized in 1972 when he bought Southern Vermont Orchard. At that time there were 6,000 trees - today there are 75,000 trees. In the last three years, there have been several bouts of hail. Last year was the worst with four separate hail storms causing $400,000 to $500,000 worth of damage. Though there is no scientific proof to the effectiveness of the hail cannons, farmers that own the 400 to 500 machines all over the world are convinced that they do, indeed, work. The cannon cost $40,000 to purchase and $100/hour to run. It protects 120 acres (the orchard is 320 acres) and there is minimal hail damage within the 1,200 diameter that it covers with much more damage outside of that perimeter. Mr. Albider further stated that the cannon has only been used 3 times at night and around 10 times during the day. He is eager to do whatever is necessary to mediate the situation with the townspeople. Ms Wishbalm stated that she has two dogs on Valium because of the cannon and feels that there should have been an advisory notice put in the paper about it. Also, she would like a Citizens Committee established made up of the surrounding neighbors to work with Mr. Albider to rectify the situation. Other similar sounds would not be tolerated without consequence and the sound has affected the sale of her house. Mr. Conners noted the article by the American Meteorological Society where hail cannons are refuted and feels that the way the orchard handled the situation "speaks for itself". He also feels that there is no scientific way to forecast a hailstorm. Mr. Armstrong stated that he uses a Zahn gun during the day to keep the birds out of his corn and sunflowers, and supports the use of the hail cannon in the orchard. "Let us continue to try and feed you 'cause that's what we're trying to do." Ms. Conners noted that no one wants the orchard to fail but there are other ways to deal with hail damage to the apples within a residential area. Janice Prouty said the noise "was torturous" and the cannon has gone off several times during the day and night. Ms. Morrissey stated the numerous phone calls that she has received from residents from Shaftsbury to Pownal, reiterated the multiple times that the cannon has gone off and appealed to the Board to establish a policy when something "of this magnitude" comes into the community. Mr. Morgan wished the orchard well and questioned the effect of the cannon on wildlife and the workers in the field. Mr. Albider clarified that the cannon is to be set off 15 to 20 minutes before a storm reaches the orchard and some of the repetitive firing of the cannon was due to the testing requirements. Mr. Prouty stated that if there is an ordnance violation then it should be stopped. The Board will discuss the use of the hail cannon in Executive Session. Ms. Morrissey noted the excessive number of calls that she has received on the rolling reappraisal and feels, in light of the economic climate, that the Board should have considered another reappraisal moratorium. She has never been in favor of the process and fears that people are not going to be able to pay their taxes. 4. CDBG PLANNING GRANT PUBLIC HEARING - APPLEGATE COMMUNITY CENTER Mr. Murphy stated that Applegate Housing, Inc. is requesting Town support of a Planning Grant Application from the Vermont Community Development Program to look at the possibility of constructing a community building at their complex for use by the residents and other community groups. Applegate has 104 apartments, and in 1996, there was a 50% vacancy rate with drugs and crime prevalent at the complex. Now, it is well managed and has 150 to 200 families on an occupancy waiting list. The Planning Grant is for $30,000 and, if awarded, Applegate Housing will cover the Town's 25% required match so there is no cost, whatsoever, to the Town. Ms. Letourneau, and other spokespersons on Applegate's behalf, noted that the 30'x70' community building would be a great addition to the community plus provide an additional three apartments, one of which would be handicapped accessible. Joseph Krawczyk moved and Sharyn Brush seconded to close the CDGB Planning Grant Public Hearing - Applegate Community Center. The motion carried unanimously. Sharyn Brush moved and Chris Oldham seconded to accept the Resolution for the Applegate Community Building Planning Grant Application as presented. The motion carried unanimously. 5. CONSECUTIVE WATER SYSTEMS DISCUSSION Ms. Colvin reiterated that it was the consensus of the Board at the last meeting that consecutive water systems were of no benefit to the Town and could create liability issues by allowing certain umbrella coverages for private public water systems under the municipality's license to operate. Mr. MacDonald explained that the Regional Affordable Housing Corporation (RAHC) does water sampling at the Willows Mobile Home Park on a regular basis and would like to have a consecutive water system agreement with the Town. Mr. MacDonald and Mr. Bove stated the following: * If there is an air gap in the system, the water from the two sources will not mix. * Anything inside the park beyond the curb shut off is not the Town's problem - it is RAHC's responsibility. * RAHC has been taking their water samples right next to where the Town has been taking theirs. * RAHC would like to use the Town's water sample as theirs but at RAHC's expense. * All system maintenance from the curb to the park remains RAHC's responsibility. * There are only 70 locations in the State that qualify for this request, and RAHC is one of them. * Willows Mobile Home Park is not presently metered - they pay the flat rate for their 22 homes. * All except 2 of the mobile homes are privately owned. * There is no septic system on the property. Mr. Morse had the following comments: * Each individual Consecutive Water System should be evaluated on it's own merit. * There are a few systems within the Town that might be good candidates to include in some of our water sampling programs. And, there are many Consecutive Water Systems who we would only be masking serious system deficiencies and doing a disservice to it's water customers. Evaluation criteria should be established to determine which is which. Mr. Hurd added that it could be a requirement of the agreement between RAHC and the Town that a certain number of samples must be done within the park, as well as, whether or not the agreement remains part of the property or is only with the present owner. Mr. Bethel questioned why the Town would open itself up to such potential liability. The Board will discuss this issue further at a later date. 6. AGENCY FUNDING PROTOCOL DISCUSSION Ms. Colvin stated the discussion points concerning Agency Funding Protocol - (1) Should all of the agencies be required to petition the citizens to be placed on the ballot? or (2) Should only the agencies seeking an increase be required to petition the citizens to be placed on the ballot? Each agency will be a stand-alone line item on the March 2009 ballot. Much discussion ensued with the following highlights: * The Bennington Museum should follow the same process as any of the other agencies when requesting funding from the Town. * The Bennington Museum is a tremendous asset to every resident of the Town, as is every agency that is requesting funding. * Can any of the agencies that have been level funded for years get by with less funding? * The BCRC, Bennington Free Library, J. McCullough Library and North Bennington Recreation will remain part of the General Fund budget items. * Every agency has always had the option to petition for more funding. * Level funding is just that without any consideration for inflation. * The Town budget on the ballot does not include any dollars associated with any stand-alone items on the ballot. * Paran Recreation is becoming more popular - "like it used to be" - and is thankful for the funding that they receive from the Town of Bennington. * The Bennington Coalition for the Homeless received $25,000 from the voters last year. In previous years, they were funded at $2,500. Are they considered level funded at $25,000, $2,500 or somewhere in between? Joseph Krawczyk moved and Sharyn Brush seconded to allow the following agencies to be listed on the March 2009 ballot separately at level funding without petitioning for signatures: Visiting Nurse Association and Hospice - $24,000.00 Bennington Project Independence - $10,600.00 B.R.O.C. - $ 7,800.00 Paran Recreation - $ 3,000.00 P.A.V.E. - $ 3,500.00 R.S.V.P. - $ 8,000.00 S.W.V.T. Council On Aging - $11,000.00 Tutorial Center - $ 8,000.00 V.C.I.L. - $ 1,800.00 Center for Restorative Justice - $ 3,000.00 The motion carried with Jason Morrissey opposed. Sharyn Brush moved and John Zink seconded to put the Bennington Coalition for the Homeless on the March 2009 ballot to be funded at $25,000.00. The motion failed with three in favor, three opposed and one abstention. Ms. Colvin requested a copy of the policy that pertains to the placement of agencies on the ballot. Mr. Zink would like to invite the Bennington Museum to give the Board their budget ideas for FY10. Mr. Hurd will put this on the August 11, 2008 meeting agenda. 8. WATER/SEWER FUND BUDGETS - ADOPTION AND SET RULES With the reserves needing to be replenished, Mr. Hurd had developed several rate scenarios with proposed rate increases from 3% to 5% at 1/2% increments. The 5% increase would increase the flat rate by $20.00/year and the metered rate more than that depending on usage. It was the general consensus of the Board that an increase greater than 3% is necessary but that 5% is too much. Joseph Krawczyk moved and Jason Morrissey seconded to increase the FY2009 Water and Sewer rates by 3.5%. The motion carried with Matt Maroney opposed. John Zink moved and Sharyn Brush seconded to adopt the FY2009 Water and Sewer Budget as presented. The motion carried unanimously. 7. TRANSFER STATION BRUSH FEES Mr. Hurd stated that, after checking with several waste management districts, everyone with a scale is charging for brush by weight. This levels the playing field and is the only fair and equitable way to handle it. The current contract price is $110/ton with an average of 5 to 10 brush customers/day. Joseph Krawczyk moved and John Zink seconded to begin charging all loads of brush at the transfer station a fee of $110/ton on September 12, 2008. The motion carried with Sharyn Brush abstaining. 9. MANAGER'S REPORT Mr. Hurd reported that there were two backhoe lease purchase agreement proposals - one without the trade of our 20-year old machine and one with trade. The results were 5 years at $14,445.00 and $11,324.15, respectively. There has been one bid to buy our present machine at less than what we would be given for it in trade. Matt Maroney moved and Sharyn Brush seconded to purchase a backhoe from reserve dollars for $75,713.79 plus our 20-year old machine. The motion carried unanimously. Joseph Krawczyk moved and Sharyn Brush seconded to authorize The Moose Family Center to relocate its liquor license to Potter's Field on August 2, 2008 from noon to 6:00pm. The motion carried unanimously. Mr. Hurd reported that we have received the recently completed, updated Solid Waste Implementation Plan for Bennington and Woodford. Each community is required to hold two public hearings. Jason Morrissey moved and Sharyn Brush seconded to set the Solid Waste Implementation Plan Public Hearings for August 11, 2008 and August 25, 2008 at 7:15pm, respectively. The motion carried unanimously. Mr. Hurd reported that we had budgeted the lease purchase of a highway wheeled excavator at $34,626/year for five years. However, the proposal from Southworth-Milton has come through at $31,557.06/year for five years. Sharyn Brush moved and John Zink seconded to accept the lease purchase proposal from Southworth-Milton for a highway wheeled excavator at $31,557.06 for five years. The motion carried with Matt Maroney opposed. Mr. Hurd noted that Mr. Lochner has suggested eliminating one of the sidewalks on the Depot Street project. Even though that isn't practical at that site due to the heavy traffic, Mr. Hurd would like to consider only one sidewalk on a case-by-case basis in other areas of the Town. The Board did not object to this idea. 10. OTHER BUSINESS Mr. Maroney noted that the people with sparklers at Willow Park on the Fourth of July need to be controlled next year. Mr. Krawczyk asked if we are charging for burning permits, and Mr. Hurd answered that we have been charging a burning permit fee as of July 1, 2008. 11. EXECUTIVE SESSION A. LITIGATION At 10:06 P.M., John Zink moved and Sharyn Brush seconded to go into Executive Session to discuss Litigation. The motion carried unanimously. Respectively submitted, Nancy H. Lively Secretary