BENNINGTON SELECT BOARD MEETING BENNINGTON FIRE FACILITY 130 RIVER STREET BENNINGTON, VERMONT 05201 MONDAY, DECEMBER 14, 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; Dan Monks-Planning Director; Laura Nesbitt-Auditor; Mike Devens; Neal Goswami-Bennington Banner and Nancy Lively-Recording Secretary. At 7:00 P.M., Lodie Colvin called the meeting to order. 1.MINUTES - NOVEMBER 23, 2009 Sharyn Brush moved and John Zink seconded to approve the Minutes of November 23, 2009 as presented. The motion carried unanimously. 2. WARRANTS The warrants were circulated for signatures after Mr. Hurd answered Board questions on the flood plain restoration project, Control Network Communication, McDonald/Secor, the turbine and casualty insurance. 3. CITIZENS None. 4. F.Y.'09 AUDIT REVIEW Ms. Nesbitt reviewed the FY2009 Audit with the Board noting the following highlights: * The audit is presented with Government-wide Financial Statements and Fund Financial Statements. * It is the auditor's opinion that the financial statements present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the Town of Bennington as of June 30, 2009. * The Town has Total Assets of $36,626,593 and Total Liabilities of $9,839,681 for Total Net Assets of $26,786,912. * Total Governmental Funds Balance Sheet = Total Assets of $5,442,684 and Total Liabilities of $1,322,742 for a Total Fund Balance of $4,119,942. * Total Governmental Funds Revenue and Expenses = Total Revenues of $9,704,518 and Total Expenditures of $9,860,228 for a reduction in the Fund Balance of $75,710. * The Business Type Statement = Total Assets of $14,454,261 and Total Liabilities of $7,022,921 for Total Net Assets of $7,431,340. * It was the general feeling of the Board, at least for the time being, that the separate tracking of the Parking Meter Fund should remain as is. * Actual Revenues were $388,707 lower than budgeted primarily because of the Pathway Project not happening with Actual Expenditures lower than budgeted by $628,621, also primarily because of the Pathway Project not being done. 5. SIGN ORDINANCE DISCUSSION CONTINUED Ms. Colvin noted that on Page 12, Articles 2-5 Non-Conforming Signs, Board discussion had indicated that the Board would like to remove the time element for replacing signs that are out of compliance and to require compliance when they naturally come due to be replaced, or when there is a change of ownership. On the average, most signs are replaced every 5 to 8 years at an average cost of $40 to $50/square foot in the downtown and between $3,000 to $5,000 for the very large signs on Northside Drive. Mr. Maroney asked how the awning at Carmody's is regarded, and Mr. Monks answered that it is considered a sign if the business logo is on it as is the one at Carmody's. Mr. Morrissey wanted to be sure that businesses were not accruing fines for non-compliance, and Mr. Monks stated that we have never actually fined anyone. Everyone has been cooperative when they were educated to the rules of the ordinance. Mr. Zink noted that on Page 12, Section A-Maintenance, he would like to keep the 60-day regulation in place instead of changing it to 30 days. The Board concurred. Mr. Maroney asked if they was a variance process in place, and Mr. Monks answered yes, with an appeal process follow-up. However, there has only been one sign variance applied for in the past 12 years. Mr. Krawczyk asked about the temporary signs, and Mr. Monks stated that they are supposed to be taken down after the event. We only have jurisdiction in the Town right-of-way. Signs in the State right-of-way must be handled by the State with neither the Town or State having any authority over those on private property. Ms. Colvin questioned if we really want to remove the signs on the out-of-business properties. Mr. Morrissey agreed that the presence of a sign on a vacant building is more aesthetically pleasing, as well as, perhaps beneficial to the current owner in marketing the property. Mr. Monks added that the presence of a sign is better than no sign, as long as, it is in good repair. Mr. Devens stated that there is no reason for a new owner that is maintaining the same business name to be required to change the sign. Mr. Monks concurred. Mr. Monks will take the Sign Ordinance back to the Planning Commission to change the verbiage as indicated by the Board at which time a public hearing will be scheduled to review the changes. Mr. Monks added that all of the preliminary meetings for the Town Plan have been completed and a draft of the Town Plan should be completed within a month, after which, the Board will have a work session on it prior to the beginning of the formal public hearings. 6. DECEMBER MEETING SCHEDULE The second Board meeting in December will take place in the Town Office Conference Room on December 28, 2009 at 5:30pm. 7. MANAGER'S REPORT Mr. Hurd reported that the FY11 Budget Warning must be ready for signatures on January 25, 2010 and posted by January 31, 2010. The Board tentatively scheduled budget work sessions for January 9, 2010 and January 16, 2010 to begin at 9:00am each day. 8. OTHER BUSINESS Mr. Zink extended kudos to all of the emergency service personnel for receiving the Public Safety Commission Award. Ms. Brush wished everyone a Happy and Safe Holiday Season. 9. EXECUTIVE SESSION A.CONTRACTS B.PERSONNEL At 8:12 P.M., John Zink moved and Sharyn Brush seconded to go into Executive Session to discuss Contracts and Personnel. The motion carried unanimously. Respectfully submitted, Nancy H. Lively, Secretary