BENNINGTON SELECT BOARD MEETING BENNINGTON FIRE FACILITY 130 RIVER STREET BENNINGTON, VERMONT 05201 MONDAY, JULY 28, 2008 MINUTES BOARD MEMBERS PRESENT: Lodie Colvin-Chair; Sharyn Brush; Matt Maroney; Joseph Krawczyk; Chris Oldham and Jason Morrissey. ALSO PRESENT: Stuart Hurd-Town Manager; Scott Murphy-Economic & Community Development Director; Robin Andrew; Richard Ader; Seth Gabriel; Tim Smith; Mark Kevorkian and Nancy Lively-Recording Secretary. At 7:00 P.M., Lodie Colvin called the meeting to order. 1.MINUTES - JULY 14, 2008 Sharyn Brush moved and Chris Oldham seconded to approve the Minutes of July 14, 2008 as submitted. The motion carried unanimously. 2. WARRANTS The warrants were circulated for signatures after Mr. Hurd answered the Board's questions on APT Environmental, remaining FY08 invoices and first aid kits. 3. CITIZENS Ms. Andrew expressed dissatisfaction with the underground concerts that are taking place downtown. The young people are rude to tourists, very loud, drinking in the parking lot with broken glass around after every concert. She filed a complaint with the police department on July 11, 2008 and received no response. Mr. Hurd stated that there is an ongoing investigation of the situation. RICHARD ADER - TENNIS FACILITY Mr. Ader, a part-time Bennington resident, would like to construct four new tennis courts - three under a year round dome and the fourth outdoors - at the Leonard J. Black Memorial Park. Mr. Ader currently co-owns the dome structure used for tennis at The Equinox in Manchester but will not be renewing that lease. The consideration is for a 20-year lease proposal (with a 10-year renewal option) to lease the land at the Park in exchange for allowing Bennington residents the use of this facility. The hope is to also attract participants from other towns, as well. Mr. Gabriel stated, and Mr. Kevorkian reiterated, the many opportunities that the Bennington Tennis Club would offer to both the young, and not so young, alike. The following are some of the Benefits and Drawbacks of the proposal: BENEFITS: * The facility will be built at owners expense. * The facility will be maintained at owners expense. * The lease terms will allow numerous opportunities for public access to the private facility. * There will be little or no ongoing costs to the Town. * The facility will be an added year round attraction for our community. * The Bennington youth will be served by clinics, grass roots teaching programs, off season training, formation of tennis club teams, etc. * Senior tournaments will be an economic boost for local businesses. * The Southshire Recreation Fund will subsidize youth clinics to enable all Bennington youth to experience indoor tennis. * The Town will receive tax benefits on property not previously generating tax revenue. DRAWBACKS: * Public land being used for private enterprise. * Tennis dome may be considered unsightly. * Security will be an issue as domes can be easily damaged. Other comments were: * There would not be any conflicts should the Town build a basketball court, volleyball court etc. in the future. * The dome will be concealed, for the most part, by the surrounding trees. * Taxes are based on the facilities and not the land. * The only definite plans that the Town presently has for the Park are to plant some lilac bushes for the John J. Dostal Lilac Trail. * The lease agreement would only be for the portion of the Park required for the tennis courts contingent upon Development Review Board approval. * There is room for a fifth court, if the need warrants. * The dome can be used for something other than tennis but it isn't convenient to do so. However, it could serve as a temporary, emergency shelter, if necessary. Joseph Krawczyk moved and Sharyn Brush seconded to authorize the Town Manager to negotiate a lease agreement between the Town of Bennington and The Bennington Tennis Club, LLC for four tennis courts at the Leonard J. Black Memorial Park as presented. The motion carried unanimously. 5. JARD SITE - NEXT STEPS Mr. Hurd explained that the State of Vermont just completed the Limited Phase II Environmental Site Assessment at the JARD site. The focus was mostly where the high concentrations of lead were found during Phase I, as well as, where some solvent and gasoline derivatives were found. The Executive Summary from the report outlines its findings and recommendations - none of which conflict with the Town's desire to own this site and construct a new public works facility on it. There is no removal necessary and the very polluted part of the site is not a threat to the river. A conservation easement and fencing to prevent access to a small portion of the site, would allow the Town to go forward in obtaining the land. This 22 acre parcel was not part of the active JARD site, however, the Agency of Natural Resources would like the Town to reconfigure the existing dykes to route the river away from the polluted area during high water. The Town's liability is capped by statute for pre-existing conditions unless we are negligent in our actions. The foreclosure process may take three months to a year. Sharyn Brush moved and Joseph Krawczyk seconded to authorize the Town Manager to proceed with the foreclosure of the JARD Property. Mr. Morrissey questioned if acquiring this property is in the best interests of the Town, and Mr. Hurd stated that it is just a first step. If plans cannot proceed with the public works facility on the site, then the Town could sell it, if so desired. If undeveloped, the cost to secure the site is only the cost of the fence. The motion carried unanimously. 6. MANAGER'S REPORT Mr. Hurd reported that the Highway Fund finished the FY08 year in poor condition in spite of our attempts to mitigate the over expenditures for fuel, oil and projects. The revenue shortfall when Class II monies were not awarded for the necessary East Road and Park Street rehabilitation projects was also a contributing factor. The auditors have just begun their process, which may ultimately alter the final outcome somewhat. Mr. Hurd believes that there are sufficient unrestricted reserves in fund balance to prevent the overall budget from finishing with a deficit. We are going into FY09 with plans for a much more efficient use of our fuel. Mr. Hurd reported that he has been notified through counsel that the Southern Vermont Orchards will cease use of their hail cannon effective immediately. 7. OTHER BUSINESS Mr. Maroney asked about the North Branch Street culvert work that is on private property, and Mr. Hurd explained that a culvert and drop inlet installed by the Town years ago were incapable of taking the runoff during a recent storm. The house was surrounded by water so the Town added a second culvert to the system - because we had installed the original one - to help handle the excess water. Incomplete bypass construction and logging may have aggravated the situation. Mr. Maroney asked for a tax delinquency update, and Mr. Hurd responded that the notices have been sent to the homeowners. The delinquency percent is just under 6% which is up slightly from the 4.5% to 5% that we're normally at, at this time. Mr. Morrissey asked what the "Other Purchased Services" line item covers in the FY08 Highway Budget, and Mr. Hurd answered that they are usually contracted services related to paving projects. The other significant budget overage is salt. Mr. Krawczyk asked about an application, and Mr. Hurd stated that we have received a 50% grant to proceed with the project. The Certificate of Public Good must be issued by the Federal Energy Regulatory Commission and that is what the application is for. Ms. Colvin clarified the agency funding process by saying "they can't have it both ways". If an agency petitions for increased funding, they will lose their level funding status. The agency's funding request must be on their application. 8. EXECUTIVE SESSION A. CONTRACT At 8:15 P.M., Sharyn Brush moved and Joseph Krawczyk seconded to go into Executive Session to discuss a Contract. The motion carried unanimously. Respectfully submitted, Nancy H. Lively Secretary