BENNINGTON SELECT BOARD MEETING BENNINGTON FIRE FACILITY 130 RIVER STREET BENNINGTON, VERMONT 05201 MONDAY, APRIL 27, 2009 MINUTES BOARD MEMBERS PRESENT: Lodie Colvin-Chair; Sharyn Brush-Vice Chair; Jason Morrissey; Matt Maroney and John Zink. ALSO PRESENT: Stuart Hurd-Town Manager; Dan Monks-Planning Director; Phil Pugliese; Barry Horst; Charles Copp; Barry Cahoon-Agency of Natural Resources; Kari Dolan-River Management; Roy Schiff-Consultant; Shannon Pytlik; Josh Gorman; Jim Henderson; Todd Brewer and Nancy Lively-Recording Secretary. At 7:00 P.M., Lodie Colvin called the meeting to order. 1.EXECUTIVE SESSION (2ND FLOOR CONFERENCE ROOM) A.INTERVIEWS FOR BOARDS & COMISSIONS The Board met in Executive Session at 6:30pm to conduct interviews for positions on various Boards & Commissions. 2. APPOINTMENTS TO BOARDS & COMMISSIONS & FIRE WARDEN'S POSITION Sharyn Brush moved and John Zink seconded to appoint Charles Copp to the Development Review Board. The motion carried unanimously. Sharyn Brush moved and John Zink seconded to appoint Charles Copp to the Planning Commission. The motion carried unanimously. Sharyn Brush moved and John Zink seconded to appoint Michael McDonough to the Planning Commission. The motion carried unanimously Positions are still open for a Lister, Regional Commission and the Town Service Officer. Anyone interested in any of those positions should send their Letter of Interest to the Town Offices. Jason Morrissey moved and John Zink seconded to appoint Walter Clark as the Bennington Town Forest Fire Warden. The motion carried unanimously. Jason Morrissey moved and Sharyn Brush seconded to appoint Adam Cross and Roger Hughes as the Bennington Town Deputy Forest Fire Wardens. The motion carried unanimously. 3. MINUTES - APRIL 13, 2009 Sharyn Brush moved and John Zink seconded to approve the Minutes of April 13, 2009 as submitted. The motion carried unanimously. 4. WARRANTS The warrants were circulated for signatures. 5. CITIZENS Mr. Pugliese stated that there was a "dump site" on his property and distributed photos to the Board showing where snow had been dumped in front of his mailbox and in front of his driveway to "create parking for someone". "This harassment has to stop." Ms. Hurd stated that it is unacceptable if our employees are dumping snow in front of his mailbox or driveway and he "will get to the bottom of that". He also added that it is our goal to make the top of the hill an attractive place so that Mr. Pugliese is screened from his neighbors yet the Town is able to maneuver its trucks for snow maintenance. Mr. Maroney noted that he, too, has to shovel the plowed snow away from his mailbox and that there is "no conspiracy" here. 6. ROARING BRANCH RIVER CORRIDOR MANAGEMENT PRESENTATION Mr. Monks explained that the Roaring Branch and Walloomsac Rivers have had a major flood every 25 years for hundreds of years causing significant damage to our town. In 2008, the Town of Bennington with the cooperation of the Agency of Natural Resources, created some funds for the Channel Management Plan for the two rivers, as well as, to begin developing the Fluvial Erosion Hazards (FEH) Regulations that are up for adoption this evening. The Town has applied to FEMA for the $600,000 Park Street Bridge Project, and if the FEH Regulations are adopted, the Agency of Natural Resources will pay the 25% match required by the federal government, if and when, the funding comes through. Mr. Monks introduced Barry Cahoon, Kari Dolan and Roy Schiff to the Board. Each had the following highlights within their respective presentations: Mr. Cahoon: * The last major flood in Bennington was in 1987. * In Vermont, erosion is responsible for 90% of flood damage and is as much of a problem as flood inundation. * $2M was spent to repair the berms taken out by the 1987 flood with $147M spent in the State on flood damage since 1989. * The river - less than 25 years later - is now undermining the repairs done by the Park Street Bridge that everyone, at the time, thought would last forever. * The Roaring Branch is "by far the most hazardous river in Vermont". * 80% of the river has berms beside it that cut off the old flood plain where the river would naturally disperse its energy. These multiple attempts to confine and re-route the river have forced it to narrow and drop in elevation which allow it to build up energy as it approaches the Town. * Building is presently allowed right up to the berms. * The Town of Bennington is built on an active fluvial fan (the area where a river would naturally spread out to slow itself down). * The State will continue to work with the Town on the FEMA application until the funding is granted - as long as the FEH Regulations are adopted. Adopting the regulations, however, does not commit the Town to actually doing any of the proposed work to the river. Ms. Dolan: * Fluvial Geomorphology is the science of understanding the physical condition of a stream as it goes through the landscape. * Analyzing the river's stability through visual observations, as well as, hands on experience in the river, itself, will establish what needs to be done to return the river's resilience to flooding. * Establishing the Erosion Hazard Corridors accomplishes two things. First, they show the minimum area necessary to accommodate the rivers ability to adjust laterally and vertically to accomplish a stable slope and depth, and second, they identify the land most vulnerable to catastrophic erosion. * The Fluvial Erosion Hazard Corridors can also be helpful in the Town Plan; can identify the best places to cross the river for use in transportation planning; can identify the areas where not to build; and can be helpful for future funding applications since they will be looked upon as the Town dealing with the situation that they have. * Pre-existing homes and businesses will be able to remain in the FEH corridors. Expansion is allowed, as long as, it doesn't further endanger the property or worsen the risk of flooding. * All adjoining landowners have been notified three different times two weeks before each respective meeting. The first meeting in 2008 had a very good attendance; the second, was held during a snowstorm and poorly attended; and the third, is this one with only one person was in attendance. There don't appear to be any ongoing landowner concerns. Mr. Schiff: * Computer models can be done to demonstrate how the corrections will affect the river before the work is actually done. * The river is "backwatering" at the Park Street Bridge because the sediment deposits are restricting the flow of the water under the bridge. This is an unsafe condition. * Most of the work will be done between Brooklyn and the Park Street Bridge. There is presently no flood plain there now, and a 100-year flood would be devastating to the Town under these conditions. * The proposed changes will restore the flood plain and allow the river to spread out and slow down which is what it is trying to do. * There is a main water line under the Park Street Bridge that is at risk. Mr. Hurd added that perhaps this project could be helpful to the Agency of Transportation's Hunt Street Bridge project. Mr. Brewer asked if the properties that would be declared undevelopable due to the FEH regulations would be reassessed, and Mr. Hurd answered that there won't be a mass reassessment done, however, property values can be reassessed through the appeal process. If a pattern were evident, then whole neighborhoods would be looked at. 7. FLUVIAL EROSION HAZARDS REGULATIONS Sharyn Brush moved and John Zink seconded to adopt the June 2008 Fluvial Erosion Hazards Regulations Table 3.22 as presented. The motion carried unanimously. 8. 2009 LIQUOR AND TOBACCO LICENSE RENEWAL APPLICATIONS The following 2009 First/Second Class Liquor License & Tobacco Application was circulated for signatures: 1.The Rybrook Tavern The following 2009 Liquor License Renewal Applications were circulated for signatures: 1.Alldays & Onions 2.Beshara's Discount Beverage & Groceries 3.East Road Variety Store 4.Mt. Anthony Golf & Tennis Club 5.150 Depot LLC 6.Veterans of Foreign Wars Post #1332 7.Walter Smith, Incorporated The following 2009 Tobacco License Renewal Applications were circulated for signatures: 1.Beshara's Discount Beverage & Groceries 2.East Road Variety Store 9. MANAGER'S REPORT Mr. Hurd announced that Bennington Project Independence will be having their Open House on May 14, 2009. This is opened to the public Mr. Hurd reported that there is Senate legislation that specifically brings the rail back to Bennington. Mr. Hurd reported that the Town received the full amount of their mileage funds with thanks going out to our entire county delegation for their part in making that happen. Mr. Hurd has just sent out the letters of request for fireworks funding to the other communities and our fireworks vendor has given us until 10 days before the shoot to cancel our contract without any consequences. Some very minor donations have been received but the Chamber has just sent out their mass member e-mail so there hasn't been time for any responses. The Battle Day Parade, however, is now fully funded with money set aside for other events, as well. Mr. Hurd reported that we are hoping to open the Hazardous Waste Facility sometime in May. We are waiting for the contractor that will be collecting the hazardous waste on a monthly basis to visit the facility and there are just a few more minor things left to do. 10. OTHER BUSINESS Mr. Zink extended kudos for the job the highway department is doing on the street sweeping. Ms. Colvin stated that there is speeding on Hicks Avenue and a guardrail has been hit on the hairpin turn. Mr. Hurd will check it out. Ms. Colvin noted that there is a PVC pipe by the water department that needs to be cleaned up. 11. EXECUTIVE SESSION A.CONTRACT At 8:35 P.M., Sharyn Brush moved and John Zink seconded to go into Executive Session to discuss a Contract. The motion carried unanimously. Respectfully submitted, Nancy H. Lively Secretary