BENNINGTON SELECT BOARD MEETING BENNINGTON FIRE FACILITY 130 RIVER STREET BENNINGTON, VERMONT 05201 MONDAY, OCTOBER 26, 2009 MINUTES BOARD MEMBERS PRESENT: Lodie Colvin-Chair; Sharyn Brush-Vice-Chair; John Zink; Jason Morrissey; Joseph Krawczyk; Chris Oldham and Matt Maroney. ALSO PRESENT: Stuart Hurd-Town Manager; Scott Murphy-Director of Economic and Community Development; John Shanahan-Better Bennington Corporation; John Likakis-WBTN; Natasha-Crazy Russian Girls Bakery; Jim Carroll; Dave Corey and Nancy Lively-Recording Secretary. At 7:00 P.M., Lodie Colvin called the meeting to order. 1.MINUTES - OCTOBER 12, 2009 Sharyn Brush moved and John Zink seconded to approve the Minutes of October 12, 2009 as presented. The motion carried unanimously. 2. WARRANTS The warrants were circulated for signatures after Mr. Hurd answered questions on bond payments and gravel crushing. Ms. Colvin announced that the Planning Commission was awarded the 2009 Vermont Planners Association Citizens Award and extended kudos to all those that serve on the Planning Commission. The nomination for the award was initiated by the State of Vermont Department of Housing and Community Affairs. 3. CITIZENS Mr. Likakis, as a representative of WBTN, requested the Board's participation in his radio show called 'Now You're Talking'. The goals of the hour and a half show are to inform and educate the public on news, events, and issues facing the Town and the general region with open phone lines for questions and comments. The Board members will gladly participate in the show, as long as, it is understood that they are speaking as individuals and not representatives of the Board. 7. MANAGER'S REPORT Mr. Hurd reported that, in order to make formal application for the earmark transit center funds on behalf of the Green Mountain Community Network, the Manager must be authorized to execute and file the application and the subsequent necessary documents for this process. Joseph Krawczyk moved and John Zink seconded to pass the Town of Bennington Authorizing Resolution as presented. The motion carried with Sharyn Brush abstaining. Mr. Hurd reported that our household hazardous waste collection facility has been closed. Casella Waste Management made a determination that its assistance to the Town would create liabilities for the company should something go wrong. They are willing to provide certain forms and guidelines for the operation without the involvement of their employees. Mr. Hurd has contacted our hazmat contractor to see if there are other opportunities that might work that are not too costly. We hope to open the facility a couple of days a week as soon as possible. Mr. Hurd announced that a Request for Proposals have been prepared by the Agency of Natural Resources to do work between the Park Street Bridge and the Brooklyn Bridge to stabilize the bank where erosion is taking place, as well as, to redirect the river to the center of the bridge. 4. PUBLIC HEARING - APPLEGATE HOUSING, INC. - VCDP GRANT CLOSEOUT Mr. Murphy stated that Applegate Housing, Inc. received a $30,000 grant from the Vermont Community Development Program funds to conduct a feasibility study to determine if the construction of a community center building for use by residents of Applegate, and as a resource center for all residents of Bennington, is viable. In 1996, the Town was involved in the renovation and rehabilitation of the Applegate Apartments that now serves low to moderate-income residents. The final cost of the study was $17,500 and the unused portion of the grant was returned to the VCDP. The projected cost of the building is $1.2M. Sharyn Brush moved and Chris Oldham seconded to close the Public Hearing - Applegate Housing, Inc. - VCDP Grant Closeout. The motion carried unanimously. 5. BUSINESS AIR (PROPERTY DISCUSSION) Mr. Corey explained that the issue is an aircraft hangar building, valued at $1,101,400, that would be donated to the State and would thereby be removed from the Grand List. There would be PILOT payments from the State at approximately $5,000/year - down from the existing $25,000/year. Business Air has been in a cost-cutting mode for a number of years with a reduction in business of about 70% since 2001. However, the business continues to be profitable. The Morse Airport receives Federal Funds for airport improvement, and as such, is required to provide an on-site manager with the following duties: * Daily runway inspections for debris and foreign objects * Accepting fuel deliveries and daily fuel quality testing * Airport lighting inspection and maintenance * Terminal building maintenance * Wildlife control * Stormwater Compliance * Safety notification to Federal Agencies of temporary hazards, (e.g. runway closures due to snow removal) If Business Air did not continue in business, it is unlikely that the State could find a qualified party to fulfill these obligations which would jeopardize the Federal Funding. Mr. Corey added that an airport facility cannot be sold for anything other than an airport facility. There would be a lengthy occupancy agreement between the State and Business Air for the hangar which may be renewed many years down the road. Business Air also has an airfreight business all along the east coast. Had the longer runway been allowed to go in, perhaps we would be in a different situation today. Business Air employs 20 people, most of them Bennington residents. Ms. Colvin commented that, although we don't want to give up anything on the Grand List, we must think 20 or 30 years into the future. Mr. Morrissey asked if Business Air had a contract with the State and where the funds come from to pay the taxes now. Mr. Corey responded that the State has a contract with one of his employees and the taxes have been paid primarily from the airfreight business. Mr. Morrissey noted that there are several small businesses that are struggling to pay their taxes. Mr. Zink asked if some of the two dozen private plane owners, or anyone else, could help out with some of the required responsibilities, and Mr. Corey doesn't see what that would accomplish. Mr. Maroney asked why Business Air had held onto this building when they had previously donated another building. Mr. Corey answered that the other building was more of a public use building than this one is. Mr. Oldham asked if Business Air could ever get the building back from the State, and Mr. Corey did not believe so. Joseph Krawczyk moved and Chris Oldham seconded to accept the proposal that Business Air donate their airport hangar building to the State of Vermont. Mr. Maroney asked if the PILOT payment changes, and Mr. Krawczyk answered that it is determined by an assessment formula so it may be different year to year. Mr. Morrissey cannot endorse shifting the burden this would cause to the other taxpayers. Mr. Corey added that, if the Board doesn't support this proposal, it doesn't mean that they would go out of business. The motion carried with Jason Morrissey and Matt Maroney opposed. 6. VENDOR'S ORDINANCE - (FINAL) Mr. Hurd stated that he and the Better Bennington Corporation had discussed what equipment is appropriate for sidewalk vendors that will not inhibit the flow of traffic on the sidewalks. The space that vendors can occupy has been increased from 7' to 9' with prior approval by the Town of equipment placement that will in no way reduce the sidewalk passage to less than 5', as well as, not exceeding the curbside area. The maximum allowed seating capacity shall not exceed 8 seats within the area that has been permitted by the Town. Mr. Carroll is very pleased with the changes and thanked everyone for including him in the revisions. Since the Board was not given a copy of the ordinance changes, this agenda item will be tabled for two weeks. Natasha from Crazy Russian Girls Bakery will review her new cart design with Mr. Monks. 8. OTHER BUSINESS Mr. Krawczyk asked if residents were concerned about not being able to pay their taxes, and Mr. Hurd answered that there have been some concerns expressed. There were also concerns last year and our delinquencies actually went down. We'll have to wait and see. Ms. Colvin reminded everyone to pay as much of the tax that they can, since the penalty is only on the unpaid balance, and the Town will work with them on the balance. Ms. Brush has been made aware of the speed of the construction trucks on South Stream Road. Mr. Hurd will pass this information onto the Police Department. Mr. Oldham extended kudos to the Better Bennington Corporation for their efforts on Pumpkinfest. Ms. Colvin has been contacted stating that the North/South green light on Route 7 by the Kocher Drive intersection is too brief. Mr. Hurd stated that the lights are timed to deal with the largest amount of traffic which is what comes off of Northside Drive. Ms. Colvin also had been contacted about the parking on the west side of North Street by the Clip Shop inhibiting traffic flow. Mr. Hurd noted that the only way to eliminate the issue is to eliminate the parking and the merchants in the area would not be pleased with that decision. Most of the time it is not a problem. 9. EXECUTIVE SESSION APERSONNEL Executive session was not needed. At 8:12 P.M., Sharyn Brush moved and John Zink seconded the adjournment of the meeting. The motion carried unanimously. Respectfully submitted, Nancy H. Lively Secretary