BENNINGTON SELECT BOARD MEETING BENNINGTON FIRE FACILITY 130 RIVER STREET BENNINGTON, VERMONT 05201 MONDAY, OCTOBER 13, 2008 MINUTES BOARD MEMBERS PRESENT: Lodie Colvin-Chair; John Zink-Vice-Chair; Sharyn Brush; Joseph Krawczyk; Matt Maroney; Chris Oldham and Jason Morrissey. ALSO PRESENT: Stuart Hurd-Town Manager; Scott Murphy-Economic & Community Development Director; Dan Monks-Planning Director; Gordon Whitman; Jennifer Krijnen; Kristen Higgins; Jim Carroll and Nancy Lively-Recording Secretary. At 7:00 P.M., Lodie Colvin called the meeting to order. 1.MINUTES - SEPTEMBER 22, 2008 Chris Oldham moved and Joseph Krawczyk seconded to approve the Minutes of September 22, 2008 as submitted. The motion carried with John Zink and Sharyn Brush abstaining. 2. WARRANTS The warrants were circulated for signatures after Mr. Hurd answered the Board question on Hurley and Pembroke. 3. CITIZENS Gordon Whitman was concerned about the safety of pedestrians at the crosswalks and suggested placing police mannequins where appropriate. The cost would be $60,000 to $70,000 to duplicate the one on North Street so Mr. Whitman thought wood would be less expensive. Mr. Whitman also pointed out the unnecessary idling of police cars, and Mr. Hurd responded that the Town is very energy conscious by utilizing a 'no more than 5 minute idling' policy, albeit unwritten. Jennifer Krijnen, a member of the Master Gardners, would like to have access to water for the community garden located between Morgan Spring and the Recreation Center. The Town has provided the land and fencing for the 24-plot garden and the Board will place the water issue on a future agenda to be considered before spring planting begins. 4. KRISTEN HIGGINS - HUNT STREET BRIDGE PRESENTATION Ms. Higgins stated that bridge projects, in general, are usually viewed as 5-year plans, and the Hunt Street Bridge is within the next 5-year plan for completion in 2014. The condition of the bridge is considered "fair" and not an immediate safety threat. Previous traffic studies have indicated that a three lane bridge - the third lane being a turn lane - would be best for handling the flow of traffic at that location. There are multiple choices for the alignment and maintenance of traffic during the project, such as temporary bridges east and west of the existing bridge or closing the bridge completely and detouring traffic. To expedite construction and keep costs to a minimum, the suggestion is to close the bridge and detour traffic among several detour options. This would enable an "accelerated type of bridge construction" with the use of precast, pile bent piers with a project duration time of May through November, as opposed to a 2 to 3 year project length. The longer project with the temporary bridges would carry a cost of $6.1M vs. the detour single season cost of $3.9M. Placement of the rail-to-trail system and public input will also need to be considered. A current traffic study will be conducted next week and Ms. Higgins will do another Board presentation in December 2008. The Board will then need to provide Ms. Higgins with the decision to proceed with the project by February 2009 if it is to go forward with the 2014 target date. 5. VERMONT MUNICIPAL PLANNING GRANT APPLICATION Mr. Monks stated that the Town is eligible for a Municipal Planning Grant from the Vermont Agency of Commerce and Community Development, Department of Housing and Community Affairs to be used to do an update of the Bennington Town Plan (updates are mandated by State Statute every five years). This update project would be mostly technical in nature - facts and figures - with a public outreach program to engage citizens in the update process by mailing surveys, public forums and an interactive website. The grant dollars would be to hire outside consultants for the project, and depending on how many dollars were awarded, would depend on who the outside source would be with the Regional Commission the most financially friendly to work with. In the past, other Municipal Planning Grants have been used for the Growth Center designation, Land Use and the Northside Drive corridor. Municipalities may apply for up to $15,000. Mr. Krawczyk noted that Bennington has received several grants in the past, and with the State budget cuts, it will be difficult to get any grant dollars. Mr. Monks reiterated that these dollars are ear marked specifically for 'municipal planning' and if we are unsuccessful this year, we can reapply next year. Ms. Colvin added that our previous grant success should not determine whether or not we apply for dollars that are currently available for all towns to apply for. Chris Oldham moved and Sharyn Brush seconded to approve the Municipal Planning Grant Application for up to $15,000.00 from the Vermont Agency of Commerce and Community Development, Department of Housing and Community Affairs as presented. The motion carried unanimously. 6. BENNINGTON HOUSING AUTHORITY VACANCY There is a vacant position on both the Bennington Housing Authority and Board of Listers, respectively, and anyone interested in either of these positions should have their Letter of Interest into the Town Office by noon on October 22, 2008. 7. GRAND LIST - ERRORS AND OMISSIONS Mr. Maroney asked about the Fillmore Farms, LLC parcel that had been adjusted, and Mr. Hurd stated that this is correcting a technical error on the part of the State for not including the Current Use Calculations prior to issuance of the tax bill. Sharyn Brush moved and Chris Oldham seconded to accept the October 13, 2008 Errors and Omissions as presented. The motion carried unanimously. 8. 2008 LIQUOR LICENSE APPLICATION The 2008 Liquor License Application for Pennywise Discount was circulated for signatures. 9. MANAGER'S REPORT Mr. Hurd reported that the Supreme Court upheld the judges ruling which was in favor of the Town in the Pugliese v. the Town case. The compensation check was issued months ago and Mr. Pugliese will be contacted to see how he wants to receive his fencing. A surveyor will be setting pins at the site so we are ready for the winter season. Mr. Hurd reported that the Bennington and Woodford Solid Waste Implementation Plan has been approved. Mr. Hurd has received complaints from some downtown restaurants that the Vendor Ordnance does not cover utilizing seating on the public way, and that the location of the vendor cart increases the risk of a motor vehicle accident. Mr. Hurd concurred that the Ordnance does not contemplate such seating or address the placement of the cart. It is his recommendation to take a look at the Vendor Ordinance this winter - by February 1, 2009 - so that any changes could be implemented by the April 1st permit start date. Mr. Carroll spoke on his own behalf citing that his competitors are jealous, the site is cleaned daily, he controls his customers' parking in the driveway and that he is an "ambassador of the Town". The placement of the cart is to face the direction that most people enter town from - the west - and there has never been an accident, or even a close call. Mr. Carroll does carry insurance and he is not breaking any Ordnance that is presently in place. Town staff and the Board will review the Vendor Ordnance, and perhaps all of the Ordnances, during the winter months ahead. 10. OTHER BUSINESS Mr. Oldham asked if there is a speed limit in the Willowbrook complex, and Mr. Hurd answered that the roads leading to the complex have a speed limit of 25 or 30 mph. Mr. Hurd will see if there is signage to that affect in place. Mr. Oldham asked if there was signage on the road where the Applegate children wait for the school bus, and Mr. Hurd will check into that, as well. Mr. Maroney asked if there was an answer on the school zone question for between Gage and County Streets, and Mr. Hurd does not have an answer yet but will get one before the next meeting. Mr. Krawczyk stated that there will be a Global War on Terrorism Memorial erected at the Vermont Veteran's Cemetery in Randolph, Vermont by November 11, 2009. Funding for this will not be coming from taxpayer dollars. Mr. Krawczyk would like to see the mobile wheel chairs marked somehow, perhaps with the orange bicycle flags, for better visibility and safety. Mr. Zink has had complaints about the traffic restrictions and visibility during the winter of the bulb outs, specifically the one by St. Francis Church. Mr. Hurd responded that the bulb outs are marked with reflectors and we will pay special attention to keep those reflectors visible throughout the year. Ms. Colvin noted that the foot patrols in the downtown are very successful with kudos from retailers and citizens, alike. 11. EXECUTIVE SESSION A.CONTRACTS At 8:35 P.M., Joseph Krawczyk moved and Sharyn Brush seconded to go into Executive Session to discuss Contracts. The motion carried unanimously. Respectfully submitted, Nancy H. Lively Secretary