BENNINGTON SELECT BOARD MEETING BENNINGTON FIRE FACILITY 130 RIVER STREET BENNINGTON, VERMONT 05201 MONDAY, FEBRUARY 9, 2009 MINUTES BOARD MEMBERS PRESENT: Lodie Colvin-Chair; John Zink-Vice Chair; Jason Morrissey; Matt Maroney and Chris Oldham. ALSO PRESENT: Stuart Hurd-Town Manager; Dan Monks-Planning Director and Nancy Lively-Recording Secretary. At 7:00 P.M., Lodie Colvin called the meeting to order. 1.MINUTES - JANUARY 24, 2009 MINUTES - JANUARY 26, 2009 Jason Morrissey moved and John Zink seconded to approve the Minutes of January 24, 2009 as submitted. The motion carried unanimously. Jason Morrissey moved and John Zink seconded to approve the Minutes of January 26, 2009 as submitted. The motion carried unanimously. 2. WARRANTS The warrants were circulated for signatures after Mr. Hurd answered Board questions on the computer/printer buyout, police cruiser availability for staff and the EZ Way Rental of a power washer nozzle. 3. CITIZENS None. 4. FLUVIAL EROSION HAZARD REGULATIONS Mr. Monks explained that the Planning Commission is submitting for adoption by the Select Board the proposed Fluvial Erosion Hazard (FEH) Regulations as approved by the Planning Commission on January 28, 2009. These regulations were developed at the request of the Select Board following the Select Board's adoption of the Channel Management and River Corridor Protection Plan for the Walloomsac River. The adoption of these regulations is a pre-requisite for accessing FEMA grant funds for channel management activities. In conjunction with the Bennington County Regional Commission, a $600,000 FEMA grant application for channel management work on the Park Street Bridge project has already been completed. The regulations were prepared with the assistance of the Agency of Natural Resources and are based on the model regulations developed by the ANR. In summary, they allow expansions of existing buildings (residential, commercial and industrial) in the FEH Area, and allow the construction of new accessory residential structures (such as sheds, garages, barns, etc.) but restrict the development of other new structures. The objective is to minimize property loss and damage due to erosion caused by the Walloomsac River in Bennington. If adopted, the proposed FEH Regulations would become a part of the Town of Bennington Land Use and Development Regulations administered by the Town's Zoning Department and Development Review Board. There will be a Public Hearing at which the Agency of Natural Resources will explain the technical aspects of developing the FEH Area map and regulations. However, Mr. Monks clarified the following for the Board: * It is classified as an "overlay" zone due to the nature of a river. * The "meander belt width" is the area affected by the natural change of course of a river. * This will not have any additional effect on the residents' ability to get flood insurance. * Although the construction of new sheds, garages, barns, etc. are allowed, the construction of new independent structures is not. However, if the five rules of variance are met, a variance can be granted by the Development Review Board. * Any expansions cannot be closer to the river than the existing building is already. * If an existing structure has been destroyed, a new structure can be put on the same footprint within a year. * All adjoining property owners have been notified of the regulations twice, and will be advised a third time for the upcoming Public Hearing. John Zink moved and Chris Oldham seconded to adopt the Resolution of the Select Board Acknowledgment of Receipt of Proposed Fluvial Erosion Hazard Regulations Town of Bennington as presented. The motion carried unanimously. The Public Hearing on the Proposed Fluvial Erosion Hazard Regulations will be warned for March 23, 2009. 5. 2009 LIQUOR AND TOBACCO LICENSE RENEWAL APPLICATIONS The following 2009 Liquor License Renewal Applications were circulated for signatures: 1. Camelot Country Store 2. Elks, B.P.O. Bennington Lodge #567 3. Four Chimneys Inn 4. Hannaford Food & Drug Store 5. Pangaea 6. Powers Market 7. Price Chopper #171 8. Rite Aid Store #10314 9. Stewart's Shop #195 The following 2009 Tobacco License Renewal Applications were circulated for signatures: 1. Hannaford Food & Drug Store 2. Price Chopper #171 3. Rite Aid Store #10314 4. Stewart's Shop #195 6. MANAGER'S REPORT Mr. Hurd reminded everyone that the Annual Town Meeting is scheduled for March 2, 2009 at 7:00pm at the Bennington Fire House with the vote taking place on March 3, 2009 from 7:00am to 7:00pm., also at the Bennington Fire House for Bennington voters, and at the North Bennington Fire House for North Bennington voters. Mr. Hurd reported that he has reviewed our Vendor Ordinance, as well as, others, along with the recommendations previously submitted by the BBC but not acted upon. The following are Mr. Hurd's suggestions: 1. If we are to allow seating, select vending spots wherein the seating does not interfere with vehicular or pedestrian movements. There are a few sidewalks that contain greater widths than others. Perhaps we should consider locating spaces off the street in public parking lots or in private lots with cooperation from the owner (not now allowed in downtown). 2. Define specifically the orientation of the street cart so as to minimize projection into the sidewalk or the street. Perhaps require street vendors to provide attractive barricades to separate them from moving vehicles. 3. Revise vendor locations to minimize interference with driveways. 4. Require the same license agreement developed for the use of the public space at the Fire facility. State specifically the insurance limits and indemnification requirements we require. 5. Increase the fees charged and set specific time frames for vending in the community. The following were concerns of the Board: * There have not been any accidents related to vendor location in the past two years. * There has been no observation of overcrowding the sidewalks or safety violations at the present vendor locations. * Vendor Ordinances allow vending on public property and would need to be amended to allow on private property in the downtown, i.e., private parking lots. * There is presently a vendor set up on private property on Ben Mont Avenue, however, this is presently prohibited in the downtown. * It is not advantageous for the downtown, or the vendors, to have them set up in remote public parking lots. * Setting time limitations on the vending is not necessary, i.e., the popcorn cart of several years ago that operated at night. Mr. Hurd will put together a more formal presentation for sometime in April 2009. 7.OTHER BUSINESS Mr. Zink stated that, in light of the Commissioner of Corrections visit in the upcoming future, there is legislation before the State and a document from the Vermont Cities and Towns that states that low risk non-violent offenders will have no supervision from the Department of Corrections when released into the community. "This shifts the State's responsibility to our local program" and Mr. Zink urges everyone to be informed about this and to speak out against its' passage. Mr. Maroney and Ms. Colvin requested that the visit by the Commissioner of Corrections presently scheduled for March 23, 2009 - the same date as the Public Hearing on the Fluvial Erosion Hazard Regulations - be changed to a different date. Mr. Hurd will work out the scheduling so that both are not on the same night. Mr. Morrissey requested an Executive Session for Personnel. 12.EXECUTIVE SESSION A.PERSONNEL At 7:45 P.M., John Zink moved and Jason Morrissey seconded to go into Executive Session to discuss Personnel. The motion carried unanimously. Respectfully submitted, Nancy H. Lively Secretary