BENNINGTON SELECT BOARD MEETING BENNINGTON FIRE FACILITY 130 RIVER STREET BENNINGTON, VERMONT 05201 MONDAY, MARCH 23, 2009 MINUTES BOARD MEMBERS PRESENT: Lodie Colvin-Chair; John Zink-Vice Chair; Jason Morrissey; Matt Maroney; Sharyn Brush; Joseph Krawczyk and Chris Oldham. ALSO PRESENT: Stuart Hurd-Town Manager; Dan Monks-Planning Director; Bill Wood; Jeff Bombard; Sean Gasway; John Curtin; Kendy Skidmore; Dotty Polo; Dick Pembroke; Nancy White; Neal Goswami-Bennington Banner and Nancy Lively-Recording Secretary. At 7:00 P.M., Lodie Colvin called the meeting to order. 1.MINUTES - MARCH 2, 2009 MINUTES - MARCH 9, 2009 Joseph Krawczyk moved and John Zink seconded to approve the Minutes of March 2, 2009 amended as follows: Line 15 - Delete "Sharyn Brush". The motion carried with Sharyn Brush abstaining. Sharyn Brush moved and Chris Oldham seconded to approve the Minutes of March 9, 2009 as submitted. The motion carried unanimously. 2. WARRANTS The warrants were circulated for signatures after Mr. Hurd answered Board questions on rock salt, garden design, water town feasibility study and a property insurance claim. 3. CITIZENS Mr. Wood, from Ben Mont Avenue, noted that he had been evacuated three times during the past year for propane leaks. He has no place to go and doesn't know how to find out when it's safe to return to his home. Mr. Hurd stated that the Fire Chief is in charge and responsible for informing the firemen and police when residents can return to their homes and of any public shelters, if needed. Mr. Bombard understood that 36 Pageant Street may be a homeless shelter or a halfway house and questioned whether or not the area was zoned for such facilities. Mr. Monks stated that our building inspector will be inspecting the property to see if the building codes are in order and it will then be determined if there are any building codes and/or zoning codes in violation. It would appear that it is being used as some sort of transitional housing and, if determined so, the zoning issue will be addressed or adjusted as needed. It is presently a "gray area" as to whether the purpose is just for a one-time short-term six-month lease or if there will be ongoing similar usage of the property. Mr. Gasway, co-owner of the property, stated that it has been a rental property for 20 years and is not a shelter but a home shared by six men. A few years ago there were several college girls living there with no complaints from the neighbors. Mr. Curtin would like more information concerning the type of transition that these renters are in and would like to know if there is a need of concern for his daughter's safety. Mr. Curtin added that, since these gentlemen have moved in, they have kept up the property better than anyone before them. Ms. Skidmore, director of the Bennington Coalition for the Homeless, assured everyone that there was a strict screening of all of the men before they moved in, and there is no reason for the neighbors to be concerned. There is a designated person there to be sure that it is run smoothly and that they are good neighbors. They are paying the rent but, should there be a problem with one of them, the Coalition will pay the rent to ensure the stability of the others. Ms. Skidmore has signed the lease as director of the Coalition. The "transition" piece is that they are sharing this rent with hopes that each of them can save enough for a place of their own within six months or so. She also noted that the state of the economy is going to require that more and more people share dwellings and urged the Town to allow for this when they are considering any "tightening up" of the zoning codes. Ms. Polo stated that the six gentlemen that she lives next to in the duplex house are "polite, kind and considerate, and glad that they have a safe place to stay until they can get on their feet and on their way." "I certainly hope nothing happens to change the situation." Mr. Oldham asked why it is necessary for the building inspector to visit this apartment and Mr. Monks answered that we are required by State statute to inspect a property within 48 hours of a complaint having come in. Mr. Oldham asked if the issue was that the Coalition rented the apartment instead of five college girls, and Mr. Monks personally feels that there is a difference between an organization bringing people together as opposed to people deciding themselves. However, he isn't sure that this is recognized legally. Mr. Zink asked if a building inspection is necessary if there is a change of purpose of a property, such as going from a residence to a business, and Mr. Monks answered yes. Ms. Colvin assured everyone that they have been heard and that the Town will first be looking at code compliance and then doing their due diligence through the Development Review Board and Planning Commission. Mr. Bombard wondered about the street sweeping schedule, and Mr. Hurd stated that most of the thru streets will be done the end of this week with the dead end streets done within the next couple of weeks. Mr. Bombard also asked how the Town treets a bush that is in their right of way and obstructing his mailbox. Mr. Hurd answered that the Town will remove or trim it only if it is a line of sight issue. 4. PROCLAMATION - NATIONAL LIBRARY WEEK John Zink moved and Sharyn Brush seconded to accept the Proclamation, National Library Week, April 12-18, 2009 as submitted. The motion carried unanimously. 5. 2009 BOARDS & COMMISSIONS - ANNOUNCE OPENINGS The following Boards and Commissions positions will become available in April and May 2009: Position Term Term Expires Constable 1 year 3/10 Development Review Board (2 positions) 3 years 5/12 Development Review Board Alt. (1 position) 3 years 5/12 Historic Preservation Commission (2 positions) 3 years 3/12 Housing Authority 5 years 3/14 Board of Listers 2 years 3/11 Planning Commission (2 positions) 4 years 5/13 Regional Commission 2 years 3/11 Town Service Officer 1 year 4/14/10 These openings are run as public service announcements by the Bennington Banner and WBTN radio station. Mr. Hurd will see if the Rutland Herald will run them, as well. Letters of Interest need to be into the Town Office by noon on April 8, 2009. 6. 2009 LIQUOR AND TOBACCO LICENSE RENEWAL APPLICATIONS The following 2009 Liquor License Renewal Applications were circulated for signatures: 1. AUM, Inc. 2. Thomas J. Carmody's 3. Henry's Market 4. Martin's Mini Mart & Beverage Discount 5. Peppermill's of Bennington 6. Your Belly's Deli The following 2009 Tobacco License Renewal Applications were circulated for signatures: 1. AUM, Inc. 2. Eagles, Fraternal Order of, Aerie #1861 3. Henry's Market 4. Martin's Mini Mart & Beverage Discount 7.MANAGER'S REPORT Mr. Hurd announced that the Town sponsored Rabies Clinic will be held on March 28, 2009 at the Willow Road Firehouse from 1:00pm - 3:00pm. Mr. Hurd clarified that the surveyors at Southern Vermont College, upper Jefferson Heights, Margaret Lane and Crescent Boulevard are working for the Town to survey a potential water line pressure improvement project should we receive any stimulus money. Mr. Hurd reported that it would cost $155,400 to improve Maple Street. The sidewalk is in poor condition because it is at road level and people are parking on it. However, the road, itself, is in excellent condition and not a priority. Unfortunately, the road would have to be removed to fix the sidewalk. Ms. White wondered why the Town doesn't maintain a list of sidewalks that need to be repaired, and Mr. Hurd said that there should be a list because of the rating system in place with the Vermont Local Roads Program. He will follow up to see that that list is being maintained. 8.OTHER BUSINESS Mr. Zink stated that the budget for the Battle Day Parade has been reduced by $5,000 which will reduce the number of bands that participate in the parade. Mr. Zink also noted that this is Convention Year and Moosefest and appealed to the people to raise the dollars needed to secure the presence of these bands so that the Town "can shine". Mr. Krawczyk stated that Congressman Welch enjoyed his trip to Bennington and that the Congressman will follow up on the issues that were presented to him. Ms. Colvin asked if the crosswalks will be repainted before Mayfest, and Mr. Hurd answered that the plan is to be more aggressive in getting this done as long as the temperature of the ground is high enough. Mr. Murphy circulated the Resolution for the Applegate Grant Agreement for signatures. 9.EXECUTIVE SESSION A.CONTRACT B.LEGAL At 8:10 P.M., Sharyn Brush moved and John Zink seconded to go into Executive Session to discuss Contract and Legal. The motion carried unanimously. Respectfully submitted, Nancy H. Lively Secretary