BENNINGTON SELECT BOARD MEETING BENNINGTON FIRE FACILITY 130 RIVER STREET BENNINGTON, VERMONT 05201 MONDAY, JUNE 22, 2009 MINUTES BOARD MEMBERS PRESENT: Lodie Colvin-Chair; Sharyn Brush-Vice Chair; Jason Morrissey; Chris Oldham and Matt Maroney. ALSO PRESENT: Stuart Hurd-Town Manager; Scott Murphy-Director of Economic & Community Development; Joan Pinsonneault-Treasurer; John Shannahan-BBC Executive Director; Kiah Morris; Bruce Lee Clark; Robin Cozerack; Bob Hannon; Gwen Hannon; Peter Crabtree; Neil Goswami-Bennington Banner and Nancy Lively-Recording Secretary. At 7:00 P.M., Lodie Colvin called the meeting to order. 1.MINUTES - JUNE 8, 2009 MINUTES - JUNE 15, 2009 Sharyn Brush moved and Chris Oldham seconded to approve the Minutes of June 8, 2009 as submitted. The motion carried unanimously. Jason Morrissey moved and Sharyn Brush seconded to approve the Minutes of June 15, 2009 as submitted. The motion carried with Chris Oldham abstaining. 2. WARRANTS The warrants were circulated for signatures after Mr. Hurd answered questions on the Hardigan Company service for cleaning out sewer lines and the Bennington in Bloom garden design. 3. CITIZENS None. 4. TAX ANTICIPATION BORROWING PROPOSAL Ms. Brush explained that, even though she is employed by Chittenden Bank, she does not work in the loan department, and therefore, does not have a conflict of interest on this agenda item. Ms. Pinsonneault stated that the bank has told her that she can go back and ask for more money if necessary. Jason Morrissey moved and Chris Oldham seconded to waive the reading of, and to accept, the Tax Anticipation Borrowing Note from Chittenden Bank as presented. The motion carried unanimously. 5. ORDINANCE DISCUSSION - TOBACCO FREE PARKS Kiah Morris referenced an Ordinance Questionnaire that was completed in Dover, Vermont by the Police Department where an officer indicated that enforcement of their smoke free ordinance was a non-issue and that it was basically "self policing". He also noted that Dover had an "all or nothing approach" to smoking or not smoking and discouraged the 'smoke free zone' option. Laconia, New Hampshire also has a smoke free park ordinance and does not expect the police to dedicate their time to enforcing it. They also noted the reduced litter benefit that came along with having the ordinance in place. There are similar ordinances in Oneida and Hudson Falls, New York. Ms. Morris also indicated the many associations, such as the American Heart Association and American Lung Association, that support communities putting these ordinances in place. The submission of this Ordinance to the Board was an opportunity for the youth of the community to express their vested interest in the Town of Bennington. The presence of an ordinance empowers the public to know that the Town is behind them in creating a healthy environment in our parks for our children to enjoy. Bruce Lee Clark added that the original ordinance that the students submitted has been amended to remove the motor vehicle piece and to reduce the fine. Mr. Clark was surprised to realize that the Bennington Recreational Center was where smoking was most apparent. Ms. Colvin paraphrased the Ordinance stating that the purpose of it is to protect public health and that it is unlawful to use tobacco products within any parks in the Town of Bennington. The fine for such is no more than $25 or community service. Ms. Colvin agrees with the objective but doesn't feel an ordinance is the way to go and would prefer to have restricted smoking areas. Ms. Cozerack stated that second hand smoke is also an issue outside and is especially bad for athletes, not to mention the bad example it sets for our youth. Mr. Oldham is in favor of the ordinance noting that the Town doesn't allow alcohol in the parks and that the same reasoning could be applied to smoking in the parks. Mr. Morrissey does not support the Ordinance but would support signage around the playground equipment to discourage smoking. He feels that there is "more to the Ordinance than meets the eye" and that enforcement is an issue. Also, the trash that is created in the parks by smokers - and everyone else - is a littering issue rather than a smoking issue. Ms. Brush also does not support the Ordinance and feels that enforcement is an issue but would support smoke free zones. Bob Hannon stated that 20 years of working for the Department of Children and Families has shown him that smoking causes more problems than alcohol and is the most costly issue in the State. He hopes that the signage works. Gwen Hannon clarified that the only place that this Ordinance would control smoking would be in the parks. Ms. Cozerack would like signage to be throughout the parks and not just by the playground equipment to help protect the adults that are there participating in sports. Chris Oldham moved and Jason Morrissey seconded to post tobacco free signage in the Town of Bennington public parks. The motion carried unanimously. 6. BETTER BENNINGTON CORPORATION'S BUDGET DISCUSSION & DOWNTOWN IMPROVEMENT ALLOCATION APPROVAL Mr. Shannahan presented the Downtown Improvement Commission FY10 Annual Budget level funded at $69,948.00 and added that the downtown merchants "overall are happy". He noted that the Better Bennington Corporation benefits the entire community with the success of the BBC due to the cooperation between the BBC, Chamber of Commerce and the Town. The Board extended kudos to Mr. Shannahan for his work at the BBC. Jason Morrissey moved and Chris Oldham seconded to approve the Downtown Improvement Commission FY10 Budget as presented. The motion carried unanimously. Mr. Shannahan announced that there will be a Round Table at the First Baptist Church on June 23, 2009 at 5:15pm on 'Starting a New Business in Bennington'. 7. RESOLUTION - ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT - LED STREET LIGHTS Mr. Murphy stated that Bennington is one of nine communities that have qualified to apply for an Energy Efficiency and Conservation Block Grant from the ARRA stimulus package to address energy and conservation issues in the amount of $67,900. Our plan is to purchase 105 LED street lights for the downtown that will use 55% to 58% less energy which will also make us eligible to get a $10,000 Energy Vermont rebate. The cost of the lights is $87,500 with the cost to the Town being $9,000 after the grant and rebate amounts have been deducted. The $9,000 will come from the Highway Fund - Street Lighting Cost - and will be recouped in 1-1/2 years with the anticipated savings in electricity of $6,700/year. Sharyn Brush moved and Chris Oldham seconded to accept the Resolution on the Efficiency and Conservation Block Grants as presented. The motion carried unanimously. 8. APPOINTMENTS TO BOARDS & COMMISSIONS - TOWN SERVICE OFFICER Sharyn Brush moved and Chris Oldham seconded to re-appoint Kendy Skidmore as the Town Service Officer. The motion carried with Matt Maroney opposed. 9. MANAGER'S REPORT Mr. Hurd reported that we have gained sufficient support to provide fireworks for the 4th of July noting the major sponsors were Casella Waste Management, Price Chopper and Walmart. Mr. Maroney requested that a formal 'thank you' signed by the Board be sent to all of the contributors and Mr. Morrissey publicly acknowledged the other sponsors - Towns of Shaftsbury and Woodford, the Bank of Bennington, the Bennington Elks Club, Bennington Lanes, Chittenden (People's United) Bank, GVH Studio, Mr. And Mrs. Chawala, Vermont Roofing and Mr. and Mrs. Raetz from Pownal. Mr. Hurd reported that the following FY10 Highway Department bids have been received: * Pickup Truck (1-ton) - low bid was $34,918 by Nemer Chevrolet. (we budgeted $40,000) * Sidewalk Plow Machine - low bid was $135,500 by Howard-Fairfield with a 7-year lease/purchase quote of $21,939/year. (we budgeted $23,000/year) * Wheel Loader - low bid was $117,000 by Nortrax also with a 7-year lease/purchase coming in under budget. (we budgeted $20,000/year) Mr. Hurd added that by bundling the sidewalk plow and wheel loader in the same package we will secure an even better rate and lower annual cost for each. A resolution accepting the proposal will be presented when the rate and costs are finalized for the sidewalk plow and wheel loader. Mr. Hurd reported that we are proceeding with the reconstruction of the police facility steps without the assistance of either the federal or state government. The USDA grant (15%) is problematic because it requires Davis-Bacon wage levels and other administrative reporting conditions which will drive the cost of the project higher and it doesn't appear that other stimulus funds will be available as soon as we need them. We may, however, still be in the running for some State funds. Mr. Hurd reported that the Justice Assistance Grant (JAG) is available to us following application. The Chief has submitted the application and we expect to accept the monies when offered although we do not have to. Mr. Hurd reported that the Morgan Springs Community Garden is still an issue, but hopefully, those involved will be able to work things out among themselves. We have asked the garden users to park in the paved lot at the Center and we are investigating living screens and fencing options. No decision has been made on these yet. 10. OTHER BUSINESS Mr. Maroney asked if we had switched companies to do the police facility step job, and Mr. Hurd answered that we had. The original company could not verify that they had done this type of work before and the new company will be using local contractors. Mr. Maroney asked when work will begin on Dewey Street, and Mr. Hurd responded that that is the first major project for FY10. Mr. Maroney requested a copy of the tax, water and sewer delinquencies, and Mr. Hurd will get those for him. Ms. Brush noted how beautiful the roses were on Northside Drive. Ms. Colvin reminded everyone that the Relay for Life will take place on June 27, 2009 at the MAU track. Sharyn Brush moved and Chris Oldham seconded the adjournment of the meeting. The motion carried unanimously. Respectfully submitted, Nancy H. Lively, Secretary