BENNINGTON SELECT BOARD MEETING BENNINGTON FIRE FACILITY 130 RIVER STREET BENNINGTON, VERMONT 05201 MONDAY, AUGUST 11, 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; Michael McDonough; Jerry Albert; Anne Bugbee; Kendy Skidmore; Neal Goswami-Bennington Banner and Nancy Lively-Recording Secretary. At 7:00 P.M., Lodie Colvin called the meeting to order. 1.MINUTES - JULY 28, 2008 Sharyn Brush moved and Chris Oldham seconded to approve the Minutes of July 28, 2008 as submitted. The motion carried unanimously. 2. WARRANTS The warrants were circulated for signatures. 3. CITIZENS None. 6. FINAL AGENCY DISCUSSION A.BENNINGTON COALITION FOR THE HOMELESS Ms. Skidmore stated that it was her understanding the Board was now going to require that agencies be listed on the March 2009 ballot separately at level funding without having to petition, and only need to petition if they were requesting an increase in funding. Since the Coalition had successfully petitioned last year for $25,000 on the March 2008 ballot, it was unclear to Ms. Skidmore why the Coalition was not automatically included at $25,000 this year. Ms. Colvin noted that it was "the perception" - even though it wasn't written anywhere - that the $25,000 was a one time request to purchase property for another home when the Coalition had historically only asked for $2,500 each year. Mr. Krawczyk added that the concern was not to assume that $25,000 was now an annual request when, in fact, the Coalition wanted to go back to the $2,500. If the voters turn down $25,000, then the Coalition would end up with nothing. Ms. Skidmore explained that the Coalition now has three facilities and are still not meeting the needs of the area. They, too, are facing the increased costs of operation and were encouraged by the 2:1 vote of approval of last year's $25,000 request, and wish to be on the ballot for that amount again this year. Joseph Krawczyk moved and John Zink seconded to place the Bennington Coalition for the Homeless on the March 2009 ballot at the level funded amount of $25,000.00. Mr. Maroney stated that putting the Coalition on the ballot at $25,000 is "not in the spirit of what we're trying to do here" with level funding. An increase to $25,000 for one year when the amount has been $2,500 for several years, does not establish level funding. Mr. Maroney would support the $2,500 amount. Mr. Morrissey stated that "we're not changing the rules (for the Coalition), we're trying to establish the rules", and the responsibility of the Board is to keep Town spending as low as possible. Ms. Skidmore rebutted that the rule of placing an agency on the ballot at level funding had been established at the July 14, 2008 meeting. Mr. Zink added that the Board appreciates the service that the Coalition provides for the Town and doesn't want them to lose all Town funding. The motion carried with Jason Morrissey and Matt Maroney opposed and Chris Oldham abstaining. B.BENNINGTON MUSEUM The Bennington Museum will not be requesting any funding this year. 4. PUBLIC HEARING - SOLID WASTE IMPLEMENTATION PLAN There were no citizen comments on the Solid Waste Implementation Plan and Ms. Colvin had the following changes and comments: * The original Advisory Committee has been disbanded and the Select Board Members are now the Committee members. Page 2, delete "James A. Gulley, Sr." and add "Christopher Oldham" to the list of Select Board Members. * Page 5, Line 1, change "nine" to "seven" and delete "Catamount Elementary". * Page 6 clarification - OCC equals heavy cardboard. * Page 8, change "Towns Clerk's" to "Town Clerks'". * Page 8 - "d. The Bennington Transfer Station is in the process of permitting a building located behind the transfer station for a permanent HHW drop-off for items such as paints, thinners, and other household chemicals, thereby eliminating the need for HHW days for residents, as the collection would be on-going." Announcement - no change. * Page 9 - "In addition, the Towns will add a re-use zone component at the Bennington Transfer Station, where residents may leave household items in good condition after approval of the attendant, and from which other residents may take such items free of charge." "The Town of Bennington has recently allowed Planet Aid, a clothing and shoes collection entity, to set up at the Transfer Station." Announcement - no change. * Page 12, change "Towns" to "Town". * Page 12, change "free of charge and to lawn care businesses at rates much less than disposal rates" to "for a minimal fee". * Page 13, "the Town of Bennington paid two individuals to film, produce, and develop two instruction/informative videos which are now available to schools." Announcement - no change. * Page 17 and Page 18, Household Hazardous Waste (HHW), add "fluorescent light bulbs". * Page 18, "Solid Waste Advisory Committee", clarify earlier in the document that this Committee is now the Select Board. * Page 20 clarification - SQG = small quantity generator - list definition earlier in the document. * Page 24, reword to clarify that leaves and grass clippings are free but there is a charge for brush. * Page 27, correct days and hours of operation to reflect current schedule. * Page 29, change "Selectmen's" to "Select Board's". Mr. Hurd noted that it has taken three years for the Agency of Natural Resources to approve the Plan. Sharyn Brush moved and John Zink seconded to close the Public Hearing - Solid Waste Implementation Plan. The motion carried unanimously. Ms. Colvin reminded everyone that there would be another Public Hearing on the Solid Waste Implementation Plan on August 25, 2008. 5. FOUNTAIN COMMITTEE PRESENTATION Mr. Hurd explained that the Surdam Family has held the original graded school fountain and have now chosen to give it back to the community. The Rotary Club have assumed this as a project and have chosen the site between the Superior Court building and the former Blacksmith Shop as "the ideal site for the location of the fountain" from a total of five sites. They have contracted with Mr. McDonough for a design to be implemented with private dollars and sweat equity, and are asking for Board approval of the design, as well as, the acceptance and future maintenance of the fountain. Mr. Albert added that the fountain is 125 years old and the Maritime Museum in Vergennes advised the Rotary on how to restore it. It is now "beautiful". Mr. McDonough shared the history of the fountain with the Board and that, once the site of Memorial Park had been determined by the Rotary, the Better Bennington Corporation, the Town, the Historic Preservation Commission, the Master Gardeners Association and Bennington in Bloom (the Park Fountain Committee) met with the Rotary to work on the design of the setting. The following were the highlights of the discussion: * The fountain is 8' high and just under 3.5' at the base with two tiers of basins, three pans and is 4'8" at the widest point. * The casting is not classical but "whimsical" in nature. * Obstacles that needed to be considered in the design are the box culvert that runs underneath the length of the Park, the cell tower, the 9/11 Memorial Bench, the former Bennington holiday tree, lilacs that are components of the John Dostal Lilac Trail, the building locations and design, as well as, the element of a pedestrian shortcut. * The plan is to build on a sense of asymmetry, to have a central access, establish the sense of shortcut, develop both intimate and gathering spaces, a combination of soft and hard surfaces within a combination of the formal and informal, respond to the 9/11 bench and holiday tree while not disturbing the boxed culvert and making the fountain the focal point of the Park. * The old Blacksmith Shop will be the background for the design. * The Courthouse office windows will not be covered by the trees. * Lighting will be pointed to the ground with fixtures mimicking the Town's streetlights. * It would be difficult and expensive to move the holiday tree. * The paint job on the restored fountain should last at least 10 years and only a small pump is required to pump the water. * Preliminary cost analysis is $62,400 with funding coming from community fundraising spearheaded by the Park Fountain Committee, the Rotary Club, Verizon landscaping reimbursement and sweat equity. * The long-term maintenance cost has yet to be determined - the fountain will not be operating during the winter though the walkway will be kept open. * The Town contribution will be planting the trees, improving the lilac plantings, perhaps the use of some equipment and labor, electricity to run the pump and long-term maintenance. There will not be a monetary donation, per se, from the Town toward the project. Sharyn Brush moved and John Zink seconded to accept the donation of the fountain from The Bennington Rotary Club and agree to the maintenance of it at the Memorial Park. There will not be any funds taken from the General Fund to create the Memorial Park Fountain site other than in-kind services. The motion carried unanimously. 7. SET TAX RATES Mr. Hurd stated that, due to the Highway Fund difficulties, the $280,000 that the Board had agreed to commit from the unreserved fund balance to reduce the tax rates, has dwindled to $150,000. Our total recommended tax rate is $0.8799 which is based on the current Grand List after Lister's grievances. This is down $0.0606 from last year, and the third year in a row that we have been able to reduce the rate. Sharyn Brush moved and Chris Oldham seconded to set the FY09 tax rate as follows: General Fund - $0.4786 Highway Fund - $0.3103 Fire Fund - $0.0888 Local Exemptions - $0.0022 - the same as last year. This is subject to change based on State-provided education tax information. TOTAL - $0.8799 The motion carried unanimously. 8. MANAGER'S REPORT Mr. Hurd circulated Errors and Omissions that decreased the Grand List by $22,500 for signatures. Sharyn Brush moved and John Zink seconded to appoint the Town Manager as the Town's representative at the Vermont League of Cities and Towns Annual Meeting on October 2, 2008. The motion carried unanimously. Joseph Krawczyk moved and Jason Morrissey seconded to ratify the Town Managers decision to transfer the American Legion's liquor license to their Annual Picnic on August 9, 2008. The motion carried unanimously. Mr. Hurd reported that the Town would like to use reserve funds to purchase a sewer line camera system in the amount of $45,141.00. This system is essential to our ability to understand what is happening in a given line and the new system is much more flexible and useful compared to the system that we have now. To purchase the system trailer mounted the cost is $54,594.00, to purchase the trailer separately would be $2,998.00, or we may be able to buy a used trailer for even less. The system is used at least weekly and should last from 5 to 10 years. We may also be able to sell our existing system to a smaller community. As of June 30, 2008, there were over $280,000 in reserve. Sharyn Brush moved and Chris Oldham seconded to approve the purchase of a Portable RST Camera System for $45,141.00 with funds from the equipment reserves. The motion carried unanimously. Mr. Hurd distributed the revised Agency Funding Application for the Board's review with all of the changes in bold print. Ms. Colvin noted that the last bulleted sentence "The decision of the Bennington Select Board to place your Agency on the ballot is conditioned on your Agency not petitioning for increased funds this year." should also be in bold. Mr. Morrissey would like to change "# of Persons Served in Bennington" to "# of Bennington Residents Served". 9. OTHER BUSINESS Mr. Krawczyk would like to have the Board discuss revising the Agency petition frequency, and Ms. Colvin will make that an agenda item for a future meeting. Ms. Brush would like to extend the landfill hours on Saturdays, and Mr. Hurd noted that they have extended them in October before but will check with Casella about swapping hours permanently. Mr. Zink reminded everyone that this weekend is Bennington Battle Day weekend. 10. EXECUTIVE SESSION A.LEGAL MATTER B.CONTRACTS At 8:56 P.M., Joseph Krawczyk moved and Sharyn Brush seconded to go into Executive Session to discuss a Legal Matter and Contracts. The motion carried unanimously. Respectfully submitted, Nancy H. Lively Secretary