SELECT BOARD
                            MINUTES
                          May 18, 2009
Present:  Sharyn Brush, Jason Morrissey, Chris Oldham, Matt Maroney, John Zink, Joe Krawczyk and Lodie Colvin
Also present: Stuart Hurd, Town Manager, Dan Monks and Scott Murphy, Town staff, Neal Goswami, Bennington Banner and several others.
The meeting was called to order at 5:30 p.m.
S. Brush questioned a Police expenditure relating to computer tie-in to State system..
Next, Kiah Morris, the Community Coordinator for the Tobacco Free Community Partners presented an ordinance proposal to ban smoking in public parks: Willow Park, Leonard J. Black Memorial Park, Beech Street, and the Recreation Center lands. She was joined by Gwen Hannon, SVMC tobacco cessation coordinator. The ordinance was drafted by students at the CDC under the tutelage of Bruce Lee Clark. The groups are operating under a grant from the State using tobacco monies. J. Zink was concerned that such an ordinance has not been adopted or tested in Vermont. J. Krawczyk confirmed that he had researched that. We would be the first. J. Morrissey was concerned that the ban went beyond areas where children play and extended to private vehicles and areas outside the parks. This was found to be true, although the wording could be altered. Some proponents felt that having such as ordinance would empower them to speak to people who violated it. Discussion went on for some time. Many Board members voiced reservations with various parts of the proposal. Problems could arise in enforcement, severity of fines, and with the broad reach of the proposal. M. Maroney indicated that the ban in restaurants is needed because people who may be negatively impacted must work and earn a living. He felt that in a park setting, one could simply move to another area or leave. The Chair asked if the Board wished to continue discussion at a regular televised meeting. Five members indicated they would move forward. The Board will place this on an agenda in June depending on the schedule. 
In the Manager's Report, the Board received an invitation to the Veterans Home after the Memorial Day Parade to join in the dedication of the new memorial. The Board, upon request of the Manager, considered moving forward with the Police facility steps using the Town's capital reserves. The maximum price would be $135,000; the minimum price would be $115,000. The staff will try for State grants in the Capital Bill. The Board agreed to move forward with this understanding..
In other business, M. Maroney questioned what actions were forthcoming regarding the old middle school, now looking very derelict. D. Monks explained that a contempt of court filing was in the works and that the bank's foreclosure and auction were scheduled for June. The Town would move cautiously to avoid spending legal fees and work with the bank to insure that the building and lands went to auction. He also noted his concern with the Manager's column and the possibility that the Town would be shutting down construction jobs in Town highways if proper safety precautions are not in place. The Manager indicated that the Town controls the roads and would only do so to avoid being fined for participating in an unsafe dig. The Town hopes to instruct contractors in proper safety measures before moving so dramatically.
The Board went into executive session at 6:37 pm to discuss a legal matter. It came out of executive session at 6:41 pm. It took no action.
J. Krawczyk noted that the Town Plan review was underway. He expressed concerns about the Johnson Controls site and its current industrial classification. He also noted that BCIC is not providing very much information on its activities.
The meeting adjourned at 6:49 p.m.
Respectfully submitted,
Stuart A. Hurd