BENNINGTON SELECT BOARD MEETING BENNINGTON FIRE FACILITY 130 RIVER STREET BENNINGTON, VERMONT 05201 MONDAY, APRIL 13, 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; Scott Murphy-Economic and Community Development Director; Rick Gauthier-Police Chief; Sam Restino; Mike Bethel; Mary Morrissey; Josh Gorman; Winfield Gates, Jr.; Ralph Bertlit; Mike Santilly; Peter Frantz; Michael Harte; Nancy White and Nancy Lively-Recording Secretary. At 7:00 P.M., Lodie Colvin called the meeting to order. 1.REORGANIZATION John Zink moved and Chris Oldham seconded to nominate Lodie Colvin as Chair. The motion carried unanimously. Joseph Krawczyk moved and John Zink seconded to nominate Sharyn Brush as Vice Chair. The motion carried unanimously. 2. MINUTES - MARCH 23, 2009 Sharyn Brush moved and John Zink seconded to approve the Minutes of March 23, 2009 amended as follows: Line 14 - change "Dotty Polo" to "Dotti DePollo". Line 62 - change "Polo" to "DePollo". The motion carried unanimously. 3. WARRANTS The warrants were circulated for signatures after Mr. Hurd answered a Board question concerning the signage at Walmart. 4. CITIZENS Mr. Restino was concerned that the state of the economy will cause Bennington to lose their Fourth of July fireworks display at Willow Park. He suggested that a proposal be made to Southern Vermont College for them to bring the fireworks closer to Main Street and that the Town accept donations to ensure the Town does not go without fireworks. Mr. Hurd stated that we have $5,000 toward the $12,000 cost of the fireworks and, if we don't have the $12,000 by the middle of May, we will either have to "reduce the shoot or cancel it". Mr. Maroney suggested that we send a letter to all of the local communities that benefit from the fireworks requesting their financial assistance. Mr. Restino also stated that people are not recycling their light bulbs and would like to set up a 'bucket program' throughout the town for this purpose. Mr. Bethel requested that the Board send a letter of support to the State this week to put the state offices in the downtown and take the opportunity to put $16M of development downtown. Ms. Colvin noted that the Board did send a letter acknowledging the work of the Task Force which is different from Mr. Bethel's request. Mr. Morrissey stated that there has been a consistent effort by "a developer of choice" to continue pressing locally and at the state level to get the Select Board to support the state offices moving into the downtown. He also has heard that a majority of the state workers do not want to move downtown and that the State feels that the Task Force - of which only one member was a Bennington elected official - was the representative body of Bennington. In addition, the state offices downtown will take a piece of property off of the tax roll and Mr. Morrissey is against doing that. Ms. Colvin noted that the charge of the Task Force was to find downtown locations to use for the state offices if their present location was unusable. The job was done well, and throughout those meetings, the workers were enthusiastic about moving downtown, even though they preferred to all be on one campus. She also thinks that it is "a State goal" to have their offices in downtowns, in general, whenever possible. This would increase the downtown foot traffic and growth. Mr. Krawczyk added that the State has listened to all sides and that the House passed the capital bill for $130M which will go to the Senate this week. Bennington will receive $10M of that and the employee survey did indicate that most of the employees would like to stay where they are on one campus. Ms. Brush is concerned that the State will be spending $16M to rebuild where they are when the cause of the employee illnesses is still unknown. However, she does like the idea of all being on one campus, but also likes the idea of them being downtown. Mr. Zink spent 17 years working in the state building and feels that there is merit to having many of the agencies on one campus but it isn't necessary that they all be. Our economy is in "disarray" and the promises of "building the boutique hotels" are just promises - "no one knows what the future holds". If we don't act now, these properties may be sitting for a long time. Mr. Maroney doesn't feel that 1/3 of a mile is going to make any difference to the businesses downtown. "People don't eat out because they can't afford it." Chris Oldham moved and John Zink seconded to have the Town Manager draft a letter to the Senate Committee that the Bennington Select Board endorses the concept of the State employees and State Buildings moving downtown. Mr. Krawczyk stated that the actual use of the dollars is still to be decided. Ms. Colvin noted that there have not been any negotiations yet, and that there can't be any negotiations, until the Select Board supports the move. Matt Maroney moved and Jason Morrissey seconded to amend the motion to add "that all Board members sign". The amendment carried with John Zink and Chris Oldham opposed. The amended motion carried with Matt Maroney and Jason Morrissey opposed and Joseph Krawczyk abstaining. Ms. Morrissey stated that the House Institutions Committee is really looking at other properties, such as, 210 South Street and the Brush Building. Ms. Colvin clarified that the motion only refers to downtown and not any specific property. 5. SUCKER POND RESTORATION PROJECT REVIEW Mr. Gorman, from the Agency of Natural Resources Water Quality Division, presented a power point to the Board on the proposed Sucker Pond restoration project. The project description is that the heavily impacted areas will be restored and revegetated by grading, seeding and replanting native riparian vegetation. ORV and ATV access to the shoreline will be removed by placing large boulders at the top of the project site. A low impact access point will be constructed from the top of the road access to the shoreline for recreational lake users. Any and all trash will be removed from the site and an educational sign will be placed at the site to inform users of the projects goals and objectives. The project will take place over three days in June 2009. The intent is to restore the area for continued recreational use. Project partners with the Vermont Department of Environmental Conservation are the Green Mountain National Forest, the Bennington County Conservation District, the Bennington Trail Conservancy and students in the forestry and heavy equipment program at the Career Development Center. The students will camp on site during the construction period. Project grant monies are already in place. The following are the comments and concerns made by Board members and citizens: * All of the area property owners either have been, or will be, notified of the project. * There is no change of jurisdiction. * This project will eliminate driving right down to the shoreline. * Motorboats on the pond are illegal. * This is a waste of money unless there is a stronger law enforcement presence in the area. * Most of the ATV users are respectful of the property, however, there are those that are not. * There is an existing boathouse that needs to remain accessible. * There is a Fishing Day hosted at the pond during the second week of June. * It sounds like this could be the stepping-stone to more and more projects that could potentially draw so many people that the wilderness ambiance of the area would be lost. * This is the first time in quite some time that any of these monies have come to Bennington - they usually go into Lake Champlain. The Board would like to see a site plan after all of the residents have been notified before taking an action. 7. JUSTICE ASSISTANCE GRANT (JAG) PROGRAM - PROPOSED PURCHASES REVIEW Mr. Gauthier presented the 2009 Justice Assistance Grant proposed expenditures, totaling $87,330, with some of the larger ticket items being three cruiser cameras - $15,885; five mobile data terminals - $28,305; processing room surveillance/recording system - $14,650 and a cell monitoring system - $11,515. The four-year grant amount is $103,186 which leaves $15,856 that can be used for whatever is needed such as overtime and supplies for community policing projects. Mr. Gauthier is comfortable with the proposed expenditures. Joseph Krawczyk moved and John Zink seconded to accept the 2009 Justice Assistance Grant proposed expenditures as submitted. The motion carried unanimously. 6. CLIMATE CHANGE GRANT APPLICATION Mr. Murphy explained that the Town of Bennington is applying for a grant under the Vermont Community Climate Change Grant Program administered by the Vermont Department of Environmental Conservation to improve energy efficiency and reduce greenhouse gas emissions. Grant amounts are up to $12,000, and our project is to install four variable frequency drives at the recreation center that will save 32,000 kw/year, or $1,800/year. The project cost is $6,500 with 90% from the grant and 10%, or $650, from existing town funds. John Zink moved and Sharyn Brush seconded to approve the grant application to the Vermont Community Climate Change Grant Program as presented. The motion carried unanimously. 8. APPOINTMENTS TO BOARDS & COMMISSIONS To be discussed in Executive Session. 9. 2009 LIQUOR AND TOBACCO LICENSE RENEWAL APPLICATIONS The following 2009 First/Second Class Liquor License & Tobacco Application was circulated for signatures: 1. Park-McCullough House Association, Inc. The following 2009 Liquor License Renewal Applications were circulated for signatures: 1. Allegro Ristorante 2. Apple Barn, The 3. Bennington Beverage Outlet, B.B.O. 4. Bennington Pizza House 5. Cumberland Farms #8006 6. Cumberland Farms #8006 7. Dreaming Tree, Inc. 8. Hunter's An American Grill 9. JC's Tavern 10. Jensen's Restaurant, Inc. 11. John & Paul, L.L.C. 12. Kevin's Sports Pub & Restaurant 13. Madison Brewing Company, Pub & Restaurant 14. Madison Brewing Company (2nd ) 15. Park-McCullough House Association, Inc. 16. Pizza Hut 17. RT Ryan's 18. Yott's Market, Inc. The following 2009 Tobacco License Renewal Applications were circulated for signatures: 1. Bennington Beverage Outlet, B.B.O. 2. Yott's Market, Inc. 10.MANAGER'S REPORT Ms. White asked about the zoning violations on her street, and Mr. Hurd responded that a repair garage is no longer operating and is working toward compliance. The following have been removed from Maple Street: * Dumpster 223 Maple * Unregistered car from 226 Maple * Vehicles and junk from 208 Maple Also, the individual that is parking on the lawn at 204 Maple is going through the process to make that legal. Ms. White also asked who decides what roads and sidewalks are fixed each year, and Mr. Hurd answered that initially that decision comes from the highway staff with input from the Town Manager, and finally, the Select Board. The final decision is financially driven. Ms. White stated that a road/sidewalk project was started twelve years ago and wondered why that had stopped. Mr. Hurd noted that we were replacing the water main on County Street and did partial road and sidewalk repairs at each intersection. A list of roads and sidewalks that have been prioritized for reconstruction and repair is available. There is a scoring process that ranks the roads to be repaired by need. The sidewalks are also scored but it is primarily a road-surfacing program. Ms. White asked if the Pathway Project has priority over sidewalks, and Mr. Hurd answered that the money - $100,000 - has already been set aside for the Pathway Project in a reserve account over the course of three years. They are two different things and cannot be compared apples to apples. One is pedestrian access neighborhood style and the other is a quality of life access to other parts of the community. Mr. Hurd reported that our insurer has asked that we adopt an Identity Theft Policy that specifically relates to the sale of water and sewer services. The Vermont League of Cities and Towns has developed a model policy that we have amended in concert with our auditors and finance director to fit our needs. We are required to have this is place by May 1, 2009. John Zink moved and Sharyn Brush seconded to accept the IdentityTheft Prevention Policy as presented. The motion carried unanimously. Mr. Hurd reported that we have been working over the past year to determine the deterioration of the front steps of the Police Facility and the cost to correct the situation. Attempts have unsuccessfully been made to caulk them to stay in place. The bids to correct the problem are in with the low bidder a company from Wardsboro, Vermont and Connecticut with a base bid of $122,814. We have sought federal support for this work and are looking into Historic Preservation monies, as well. This project and the fountain project will probably qualify for the Community Capacity Grant dollars but how that process will actually work is unknown at this time. If all else fails, we would propose using our Capital Facilities Reserves which is currently at $143,959. We should know whether or not we have any of the other funding sources available by July 1, 2009. Mr. Hurd will see if the project can be done in phases and bring that information, as well as, the results of our due diligence on the contractor, to the April 27, 2009 meeting. Mr. Hurd reported that, after a review of the March financials, he is of the opinion that we do have sufficient monies in the FY09 Highway Funds to pursue the Downtown Planters and Street Signs Project in the amount of $5,158. Mr. Hurd added that we will be losing 15%, or $15,000, from our State Highway Mileage FY09 monies. The current House plan is to reinstate those funds in July for FY10. This will, however, put a hold on the larger expensive Dewey Street project for this year and allow us to go forward with the planters and signs. Mr. Maroney asked if the Valley Forge Elm trees will outgrow their area, and Mr. Hurd answered that they will be placed in a spot that will accommodate their future growth. Mr. Morrissey asked if not doing the Dewey Street project would allow us to come up with the additional $7,000 for the fireworks, and Mr. Hurd stated that Vermont law doesn't allow us to use Highway Funds to pay for General Fund expenses. Sharyn Brush moved and John Zink seconded to authorize the use of FY09 Highway Funds in the amount of $5,158.00 for the local match of the Downtown Planters and Street Signs Project as presented. The motion carried unanimously. Mr. Hurd has reached out to the Chamber of Commerce to contact their membership to raise the additional $7,000 needed for the fireworks and will pursue the surrounding municipalities for assistance, as well. He will also contact the contractor to see if they will work with us on the price. Mr. Hurd reported that the Board has the draft of the revised Vendor Ordinance for their review. All of the downtown licensed vendors have also been sent a copy for their review and comments. Mr. Hurd met with a representative from Casella at our proposed household hazardous waste collection facility. We are very close to opening that facility for daily collection of residential household hazardous waste only and will be suspending the Hazardous Waste Collection days as we have known them in the past. This facility will not be accepting latex paint so other arrangements may be made for that in the future. The cost isn't expected to be much different than it is now. Ms. Colvin reminded everyone that the 2010 U.S. Census workers will be in the field between April and June. They will be wearing identification and carrying hand held computers. Residents should ask to see identification if there is a concern. 11.OTHER BUSINESS Mr. Morrissey extended kudos to Tracy Knights for the fine job that she did at Willow Park this past weekend with the Easter egg hunt. 12.EXECUTIVE SESSION A.CONTRACTS B.PERSONNEL At 9:24 P.M., John Zink moved and Sharyn Brush seconded to go into Executive Session to discuss Contracts and Personnel. The motion carried unanimously. Respectfully submitted, Nancy H. Lively, Secretary