BENNINGTON SELECT BOARD MEETING BENNINGTON FIRE FACILITY 130 RIVER STREET BENNINGTON, VERMONT 05201 MONDAY, MAY 11, 2009 MINUTES BOARD MEMBERS PRESENT: Lodie Colvin-Chair; Sharyn Brush-Vice Chair; Jason Morrissey; Chris Oldham; Joseph Krawczyk; Matt Maroney and John Zink. ALSO PRESENT: Stuart Hurd-Town Manager; Josh Gorman-Agency of Natural Resources; Winfield Gates, Jr.; Rebecca LeFevre; Dick Giotti; Shelly Stiles; Neil Goswami-Bennington Banner 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 the Regional Commission position. 2. APPOINTMENTS TO BOARDS & COMMISSIONS Sharyn Brush moved and John Zink seconded to appoint Troy Richardson to the Regional Commissions. The motion carried unanimously. 3. MINUTES - APRIL 27, 2009 Sharyn Brush moved and John Zink seconded to approve the Minutes of April 27, 2009 as submitted. The motion carried with Chris Oldham and Joseph Krawczyk abstaining. 4. WARRANTS The warrants were circulated for signatures after Mr. Hurd answered questions on the painting at the Blacksmith Shoppe and the Recreation Center purchases. 5. CITIZENS The President of the Bennington Rural Fire Department asked what the process was for appointing the Fire Warden, and Mr. Hurd answered that he/she is appointed for five years as dictated by State statute and the appointment was done at the last Select Board meeting for the term to begin on July 1, 2009. The permits are issued by the Town and cover a stipend for the Warden, his/her mileage and administrative costs. The Warden and State receive a list of everyone that has received a permit. Burn permits are good for two weeks and campfire permits are issued for the season. The Fire Warden and Assistant Fire Warden cover the entire 36 square miles of Bennington which includes Bennington, Old Bennington and North Bennington. 6. SUCKER POND RESTORATION PROJECT Mr. Gorman reiterated that the Agency of Natural Resources has obtained funding for a restoration project of the Sucker Pond area in partnership with the Vermont Department of Environmental Conservation, the Green Mountain National Forest, the Bennington County Conservation District, the Bennington Trail Conservancy and the students of the Career Development Center. Mr. Gorman reviewed the site plan with the Board noting that Sucker Pond sits in the Town of Stamford with the access road in the Town of Woodford, and the Town of Bennington owning a buffer around the circumference of the pond because this used to be the Town's water source. The project will improve/maintain water quality, create a low impact recreational area and clean up the trash. The site will be graded, boulders will be strategically placed and a formal boating access will be created. One area will be for day users with one fire pit and one area will be for parking. The hope is to encourage better behavior and stewardship of the land and the maintenance of the water quality. There will be no impact on the adjacent private landowners. Ms. Stiles added that the $5,000 project grant must be used by June 30, 2009 and the CDC students are scheduled to do the work during the first and/or second week of June. Work will not interfere with the Sucker Pond Fishing Derby. Board questions/comments were as follows: * The parking area is a cleared field at the top. * The area gets a substantial amount of public use. * By showing that people care about the area will hopefully be reflected by better public behavior. * The Agency of Natural Resources has no law enforcement jurisdiction in the area. * There will not be any work done on the access road. The Woodford Select Board meeting is coming up. * Stamford Select Board has given an unofficial verbal approval. * The Forest Service sent the letters to the landowners because it was just one of the partners doing a task that needed to be done without reading anything into the fact that the letter came from the Forest Service. * This project is "Clean and Clear" money that must be spent on this type of work. Any additional projects would need to be approved at a separate time. Mr. Gates was originally opposed to the project and has some trust issues with the U.S. Department of Agriculture and their approach to private land. However, he is "appalled" at what has been done to the area and hopes for improvement. Ms. LeFevre asked why the Board would not support the project, and Mr. Morrissey answered that the only reason would be the potential for negative impact to the private landowners. Ms. LeFevre doesn't understand the complexities that are involved in the decision, and Mr. Zink explained that there is a four-way partnership involved that harbors some degree of mistrust. The "why can't we all just get along" philosophy is hopefully attained, but may not be. Also, Mr. Zink is confident that the vandals will eventually return. Ms. LeFevre feels that a project that would improve an area for all to appreciate shouldn't be stopped because of "what could happen". Mr. Krawczyk is concerned, because of our history with the Green Mountain National Forest in confiscating camps and then restricting their use, that the same will happen to the landowners at Sucker Pond. He wants "to make sure that the rights of the people who are owners are protected". However, Mr. Krawczyk does feel that this is a good project and noted the infrequent times that we receive this kind of money in the southern part of the State. Mr. Giotti stated that the Forest Service cannot go anywhere or do anything without public involvement or infringe upon anyone's private property. Sharyn Brush moved and Chris Oldham seconded to support the Vermont Agency of Natural Resources Sucker Pond Restoration Project as presented. The motion carried unanimously. Mr. Gorman noted that he is applying for a 319 Grant, which is a clean water funding source, in partnership with the Regional Planning Commission, the Conservation District and the New England Tropical Conservatory. If approved, the New England Tropical Conservatory site would be used to educate the public on rain gardens, rain barrels and storm water runoff, as well as, to map the impervious surfaces in Downtown Bennington. Impervious surfaces are directly related to water quality. Mr. Krawczyk added that Act 47 is in legislation around this same idea. Sharyn Brush moved and Joseph Krawczyk seconded for the Town Manager to send the Vermont Agency of Natural Resources a Letter of Support for the 319 Grant Application. The motion carried unanimously. 7. FULLER ROAD - E911 NAME CHANGE Mr. Hurd explained that the Fuller Road is discontinued between its westerly and easterly entrances and has no outlet from Middle Pownal Road or US Route 7. Therefore, the E911 numbers are incorrect. There are ten homes on the easterly end and two or three on the westerly end. The suggestion is to rename the roads "Fuller Road West" and "Fuller Road East". The impacted residents will be notified by mail and this will be on the next meeting's agenda. 8. ACCESS EASEMENT / 118-120 WEST MAIN STREET Mr. Morrissey has recused himself from this agenda item. Mr. Morrissey explained that he is representing Pamela Torres in the sale of her property on 118-120 West Main Street. It is the understanding of both he and Ray Bolton, the attorney for the buyer, that a 3-rod x 8-rod area that once was to have been a street in the Town of Bennington has been used for decades as a parking space for those who have owned both 118-120 West Main Street and 124 West Main Street. This sliver of land was to be a road that would link up to a proposed extension of Holden Street that was to extend from the current Holden Street location to Convent Avenue. Over time, land was acquired all around it and the road never came to fruition. The request is for the Town to grant an easement to Pamela Torres (and her successors and interest) for the property referenced. The Town does have a sewer line underneath the property that they would, of course, be allowed to maintain. Mr. Hurd added that Town Counsel has reviewed the Resolution and has no issues with it after some tweaking was done that both parties were agreeable to. Sharyn Brush moved and Joseph Krawczyk seconded to authorize the Town Manager to sign the Resolution - Easement Deed for 118-120 West Main Street as presented. The motion carried unanimously with Jason Morrissey having recused himself. 9. MANAGER'S REPORT Sharyn Brush moved and Chris Oldham seconded to approve the closing of Main Street from the Four Corners to Pleasant Street and the first block of School Street, all of Valentine Street and the first block of Silver Street on May 23, 2009 from 5:00am until 7:00pm for Mayfest. The motion carried unanimously. It was the consensus of the Board to meet on May 18, 2009 in the Town Office Conference Room at 5:30pm for their second meeting in May. Mr. Hurd reported that the Fire Department has been working for the past nine months on its next truck purchase. The vehicle that would be sold currently has a higher resale value than it might have three years from now plus there are price increases coming forward on January 1, 2010 that may increase the cost to the Town. Mr. Hurd's recommendation to the Department was to continue working on this and present a lease/purchase proposal to the Board at a later date. The new truck will probably cost around $350,000 and we would be lucky if the resale value of the old truck were $100,000. There is $74,000 in equipment reserve plus the sale of the truck which could be applied to the first, and possibly the second, year of the lease/purchase agreement based on a 15-year schedule. Mr. Maroney is against moving up the Capital Plan by three years to buy a $350,000 truck if our existing truck will last until the scheduled replacement date. Mr. Hurd stated that our existing truck is 12 years old, paid for, and "in pretty good shape". This was just to inform the Board that the Fire Department is presently gathering information. Mr. Hurd reported that Energizer, as part of their greening of Bennington and Arbor Day, has planted 100 evergreen trees along the driveway, Lower Willow and part of the walkway up to the ball fields. 10. OTHER BUSINESS Mr. Krawczyk reminded everyone of the Memorial Day Parade on May 25, 2009 and that the legislature adjourned at 10:00pm on May 9, 2009. Ms. Colvin asked for an update on the daily hazardous waste facility, and Mr. Hurd answered that we anticipate opening before the end of May. Casella is ready, our buildings and grounds crew is nearly done, and the contractor that will be doing the collecting should be down this week. Latex paint will not be accepted. If it is dried up it can be discarded in the normal trash, and if not, we are working on a paint drop and swap. We are also working with the contractor for the small commercial operations for what we now have to pay tax on. We presently take TV's, etc. and are working with a contractor to accept cell phones at the Town Office. Ms. Colvin asked about the status of the fireworks, and Mr. Hurd answered that we have raised about $1,100 from donations and still need $6,400. This will be discussed at the first meeting in June. Ms. Colvin reminded everyone about the Bennington Project Independence open house on May 14, 2009. 11. EXECUTIVE SESSION A.CONTRACT At 8:30 P.M., John Zink moved and Joseph Krawczyk seconded to go into Executive Session to discuss a Contract. The motion carried unanimously. Respectfully submitted, Nancy H. Lively Secretary