BENNINGTON SELECT BOARD MEETING BENNINGTON FIRE FACILITY 130 RIVER STREET BENNINGTON, VERMONT 05201 MONDAY, OCTOBER 27, 2008 MINUTES BOARD MEMBERS PRESENT: Lodie Colvin-Chair; John Zink-Vice-Chair; Sharyn Brush; Joseph Krawczyk; Chris Oldham and Jason Morrissey. ALSO PRESENT: Stuart Hurd-Town Manager; Scott Murphy-Economic & Community Development Director; Richard Gauthier-Police Chief; Phil Pugliese; Peter Odierna-BCIC Director; Denise Hollister; Tyler Hollister; Jeff Vickers; Harry Percey; Ed Morse; Mark Shea; Dick Prentiss; Brian Maroney; Chad Prentiss; Bill LaTour; Neal Goswami-Bennington Banner and Nancy Lively-Recording Secretary. At 7:00 P.M., Lodie Colvin called the meeting to order. 1.MINUTES - OCTOBER 13, 2008 (TABLE UNTIL 11/10/08 MEETING DUE TO TECHNICAL DIFFICULTIES) 2. WARRANTS The warrants were circulated for signatures after Mr. Hurd answered the Board question on the Senior Center trip. 3. CITIZENS Mr. Pugliese questioned how the Town had arrived at the $1,400 value of the condemned property, and stated that there was illegally dumping taking place there by the Town and that there was a "conspiracy" in play between the Town and his neighbors. Mr. Hurd explained that the value was from the Lister's Office, the Town has never dumped on his land or conspired with his neighbors, and the Supreme Court has upheld the judges decision in favor of the Town. 4. BCIC - SHIELDS DRIVE LOAN SUBORDINATION REQUEST Mr. Odierna stated that the Bennington County Industrial Corporation (BCIC) is developing a 'Master Plan' for Shields Drive infrastructure improvements by adding electrical and telecommunication improvements, completing the loop and engaging with BMA Architects to modify, streamline and update the umbrella Act 250 permit, for a total project cost of $200,000. BCIC has already paid $25,000 of this and is seeking a $160,000 first mortgage loan (as required by State statute) from the Vermont Economic Development Authority (VEDA). The Town had made a previous loan for the original infrastructure improvements to Shields Drive of $100,000 in 1997, and BCIC is asking the Town to assume the second mortgage position behind VEDA on this project. The 30-acre property has been appraised at $800,000 and there are a number of companies that are interested in locating at Shields Drive. Mr. Odierna expects opportunities to arise from neighboring states because of their affiliation with the Wall Street situation. Sharyn Brush moved and Joseph Krawczyk seconded to assume the second mortgage position on the Shields Drive property, only if, the Vermont Economic Development Authority takes the first mortgage position as presented. The motion carried unanimously. 5. REORGANIZATION PLAN DISCUSSION Mr. Hurd explained that the primary purpose of the Reorganization Plan is an allocation of duties away from the Town Manager. The Plan is as follows: 1. Combine the Police, Fire and Emergency Management into the Public Safety Division. The Chief of Police will oversee all General Fund facets of the Police and Fire Departments and take over Emergency Management responsibility from the Manager. Also included in his duties will be grants management, equipment inventory and maintenance, certification requirements of the Insurance Services Organization (ISO), an insurance rating agency. "The goal is not to change the operation of the Fire Department, not to change the authority of the Chiefs in the Fire Department, not to change the authority of the members to elect their Chiefs and to act under their bylaws." 2. Combine Community Development with Recreation and the Senior Center. The Community Development Director will oversee all General Fund facets of the departments and respond directly to the Manager. This will improve program cooperation and efficiencies and provide both Directors a much more direct and readily available supervisor. 3. Create a new Working Foreman's position and merge all maintenance staff into a Buildings & Grounds Division under the direction of the Facilities Manager. Although the new position will add cost to the General Fund, we hope to offset some of the cost with greater productivity and efficiency. The new position will be filled "in-house" and the total number of maintenance staff will remain fixed although there is expected to be an additional annual budget increase of $15,870. This year, however, if this is implemented on January 1, 2009, the financial impact is reduced to $7,935. Board comments were as follows: * The Town Manager is still available to meet with anyone who would like to. There has never been, nor will there ever be, any retribution to an employee that has a grievance of any kind. * Several years ago the Recreation and Senior Center were under the supervision of the Economic and Community Development Director. * All department heads, including all Chiefs of the Fire Department, will be present during budget discussions with the Board. The budgets, themselves, will not change as far as line item presentation. * The increased salary for the Working Foreman was based on existing Working Foreman in other departments and lowered due to lack of supervision experience. The half time position at the Senior Center may be eliminated through attrition as this gentleman approaches retirement. * Waiting to begin the Working Foreman position until we see the savings that will pay for it is like the "chicken and the egg". It's difficult to initiate savings without any incentive to do so. * There is concern that the Chief of Police will not be able to handle the added responsibilities. * The clerical staff of the Police Department will be able to assist the Fire Department in many of the administrative requirements that are not being met with a volunteer department. * As supervisor of the Fire Department budgetary process, the Chief of Police will be able to represent them, as well as, the Police Department for grant opportunities when available. * There is concern that this will increase police overtime, and Mr. Hurd assured that it would not. * There is concern that there will be additional responsibilities trickling down, and the thought is that this should not be the case. The following comments were from the public in attendance: * Ms. Hollister - Why did the two Assistant Fire Chiefs hear about this from the article in the Rutland Herald? Mr. Hurd responded that he normally only deals with the Fire Chief and not the Assistant Chiefs. * Mr. Hollister - If there are grants available to both the police department and fire department, how does Mr. Gauthier prioritize his time? Mr. Hurd answered that the pots of money are usually different anyway, and if Mr. Gauthier was ever to act unprofessionally, "you can walk through my door anytime". * Mr. Vickers - Is there a problem communicating with the Fire Chief? Mr. Hurd responded that it isn't a problem now because the Fire Chief is an employee of the Town. It has been an issue in the past when the Fire Chief has worked out of town and slow to respond when needed. Communication can always be improved in both directions. * Mr. Vickers - took offense in that Mr. Hurd said that he "demanded" these changes and saw it as an act of disrespect for the volunteers that donate an enormous number of hours, as well as, finding out about it in the Rutland Herald. Mr. Hurd stated that the firemen are thanked in many ways from the Board and everyone appreciates the volunteer work that they do. The use of the word "demand" was a poor choice of words and only used to indicate that the Town Manager had the authority to make the changes as indicated without Board approval. Mr. Krawczyk, Mr. Zink and Mr. Oldham reiterated the pride and respect that they have for the job that the firemen do. * Mr. Percey - Are there salary increases to those accepting additional responsibilities? Mr. Hurd answered not during this budget year. An evaluation of the position changes will be done after six months. Mr. Percey added that there is a chain of command in the fire department that should have been followed if the Fire Chief had been unreachable. * Mr. Shea - Will the Fire Department be charged for the work that the Police Department will be doing for them? Mr. Hurd answered no, they will not. The new maintenance position will not change the present cleaning schedule of the firehouse. * Mr. Dick Prentiss - The large turnout this evening is due to the way that everyone found out about the changes. * Mr. Maroney - Everyone is always talking about restructuring and reorganizing and no one wants a paid fire department but there are no plans in place to recruit new members. * Mr. Chad Prentiss - Will these new responsibilities pass on to the next Police Chief? Mr. Hurd answered that, if this is working well, these new responsibilities will become part of the Police Chief's job description. Mr. Morrissey added that if this process isn't working, "the buck ultimately stops at the Board". * Mr. LaTour - Again, the large turnout this evening is due to the way that everyone found out about the changes, and providing the fire fighters with the equipment that is necessary to do the job, is not the way to show them respect. * Mr. Morse - With the Police Chief supervising and having access to fire department related grants plus the fact that North Bennington helps pay for the Police Department, shouldn't those same grant opportunities be offered to the North Bennington Fire Department? Mr. Hurd answered that several years ago the Town of Bennington offered the Village of North Bennington Trustees the expertise of our Economic and Community Development Director and they have yet to respond with an answer. The Town of Bennington will assist North Bennington in any grant writing that they would like to do. The Board apologized to the public for hearing about the Reorganization Plans through the newspaper instead of the appropriate chain of command. Joseph Krawczyk moved and Sharyn Brush seconded to approve the Reorganization Plans dated October 7, 2008 as presented. The motion carried unanimously. 6. APPOINTMENTS TO BOARDS & COMMISSIONS A.HOUSING AUTHORITY B.LISTERS There were no applicants for either the Housing Authority or Lister positions, respectively. Letters of Interest from those who would like either position need to be into the Town Office by noon on November 5, 2008. 7. RESOLUTION OPPOSING CUTS IN FUNDING FOR LOCAL HIGHWAY PROGRAMS Sharyn Brush moved and Jason Morrissey seconded to approve the Resolution Opposing Proposed Cuts in Funding For Local Highway Aid Programs amended as follows: Last Paragraph, Line 1 - change "its top priority" to "it a priority" Mr. Hurd added that the proposed cut of $15,407.59 has already been considered as revenue and cannot be covered by a tax increase at this late date. The motion carried unanimously. 8. MANAGER'S REPORT The 2008 Liquor License Application for East Road Variety was circulated for signatures. Mr. Hurd reported that the 25 mph speed limit signs at Willowbrook have been installed and a bus stop sign has been added on Orchard Road at Applegate. Mr. Hurd reported that there are specific directions or measurements that a school zone should follow. However, the Vermont State Statute allows the Select Board to create longer school zones than recommended by the State, as long as, we operate under 23VSA Section 10007. Mr. Hurd will put together an Ordnance to continue the school zone on School Street between Gage Street and County Street for the next meeting. Mr. Hurd reported that Southern Vermont College needs 3-phase electricity and the closest place to get that is at the hospital on the Town's land. Rob Woolmington and Tom Jacobs drew up a Conditional License Agreement that isn't recorded in the land records but allows the availability of electricity to SVC before the paving season ends in the middle of November. Sharyn Brush moved and John Zink seconded to authorize the Town Manager to sign the Conditional License Agreement between Southern Vermont College, Southwestern Vermont Health Care and the Town of Bennington as presented. The motion carried unanimously. 9. OTHER BUSINESS Mr. Zink wished everyone a safe and fun Halloween. Mr. Oldham thanked Mr. Hurd for addressing the signage issues at Willowbrook and Applegate. Ms. Colvin reminded everyone that taxes are due on November 10th , and if you can't pay the entire amount, pay as much as you can and the Town will work with you on the balance. 10. EXECUTIVE SESSION A.CONTRACTS B.REAL ESTATE At 9:05 P.M., John Zink moved and Sharyn Brush seconded to go into Executive Session to discuss Contracts and Real Estate. The motion carried unanimously. Respectfully submitted, Nancy H. Lively Secretary