BENNINGTON SELECT BOARD MEETING BENNINGTON TOWN OFFICE - CONFERENCE ROOM 205 SOUTH STREET BENNINGTON, VERMONT 05201 MONDAY, MARCH 8, 2010 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; Scott Murphy-Community and Economic Development Director; Neal Goswami-Bennington Banner and Nancy Lively-Recording Secretary. At 5:30 P.M., Lodie Colvin called the meeting to order and congratulated Sharyn Brush, Jason Morrissey and Chris Oldham for their re-election to the Board. 1.MINUTES - FEBRUARY 22, 2010 Sharyn Brush moved and John Zink seconded to approve the Minutes of February 22, 2010 as presented. The motion carried unanimously 2. WARRANTS The warrants were circulated for signatures after Mr. Hurd answered the Board question on the phone conversion. 3. CITIZENS None. 4. NORTHERN LEG ROUTE 279 MAINTENANCE EXCHANGE Mr. Monks explained that Jim Harris, Bennington Bypass Project Manager, recently alerted the Town that the intersection of Route 9 East and Route 279, including all signals, signal controllers, detectors, street lights, etc. will become the responsibility of the Town upon completion of construction of the intersection. Understanding that this will be a substantial, unexpected burden to the Town, Mr. Harris has suggested a "jurisdictional swap" where the State maintains the Route 9 East and Route 279 intersection in exchange for the Town maintaining the Route 7 section between Park Lawn Cemetery and the intersection of Carpenter Hill Road. For the swap to occur, the State Legislature must adopt legislation that approves such an adjustment in the State Highway System and that authorizes VTRANS to enter into a maintenance agreement with the Town. The proposed bill would only authorize VTRANS to enter into an agreement with the Town if the Town approves the terms of the agreement. It does not mandate the swap. The Board was of the opinion that maintaining that section of Route 7 was to the Town's benefit as opposed to maintaining the signals at the Route 9 East/Route 279 intersection, as long as, the Town isn't inheriting any underlying problems on Route 7. Sharyn Brush moved and Matt Maroney seconded to authorize VTRANS to submit the Town of Bennington, Adjustments to State Highway System as presented to the State Legislature for adoption. The motion carried unanimously. 5. SOUTHERN VERMONT ULTRA HIGH SPEED INTERNET GRANT - AUTHORIZATION FOR LETTER OF SUPPORT Mr. Hurd stated that the Vermont Telecommunications Authority is applying for an ultra high speed internet grant for Southern Vermont (Bennington and Windham Counties) and is seeking letters of support or resolutions by March 15, 2010. A letter of support does not bind the Town to any financial obligation for the project. Sharyn Brush moved and John Zink seconded to authorize the Chair to sign a Letter of Support on behalf of the Board for the Southern Vermont Ultra High Speed Internet Grant. The motion carried unanimously. 6. 2010 LIQUOR AND TOBACCO LICENSE APPLICATIONS The 2010 Liquor License Renewal Applications and the 2010 Tobacco License Renewal Applications Approval Sheet was circulated for signatures on the following: 2010 Liquor License Renewal Applications - First Class Renewals 1.Bennington Lanes 2.Eagles, Fraternal Order of #1861 2010 Liquor License Renewal Applications - Second Class Renewals 1.Apple Barn 2.River Street Variety 3.Stewart's Shops #195 2010 Tobacco License Renewal Applications 1.Eagles, Fraternal Order of #1861 2.River Street Variety 3.Stewart's Shops #195 7. OTHER BUSINESS Mr. Zink noted that there was a group posting information on the walls during the Town Meeting on an issue in federal legislation, and he questioned the appropriateness of this and who is responsible for controlling this type of activity. Mr. Hurd stated that, in the past, anyone that had a concern that they wanted to discuss at Town Meeting was encouraged to bring information on the subject so that those in attendance had some information to refer to. Mr. Zink has no objection to allowing this type of activity, as long as, the Board is aware of the possibility that several groups may decide to do it, and not just one or two. Mr. Zink also feels that, if the Moderator issued public notification of the "ground rules" of the Town Meeting in advance of next year's meeting, this may stimulate more resident attendance/participation and "community conversation". Mr. Zink will discuss this issue further with Mr. Colvin. Mr. Krawczyk would like to have Mr. Murphy testify in Montpelier on March 18, 2010 on an issue that will affect Bennington's energy costs. Mr. Murphy will do so, and will bring Terry Morse with him, as well. Mr. Maroney would like the agencies that are on the ballot requesting Town funds to have representation at the Town Meeting to answer questions. The Board agreed that this was a good idea. Even though they all have websites, it's not the same as having someone present. Ms. Colvin noted that Jim Gulley had asked why it costs $7.00 to bring a metal stove to the landfill since we are being paid for it as scrap metal. Mr. Morrissey stated that the Town shouldn't lose money on the four areas of the landfill that it is responsible for, and the fees should be "user fees" and not "taxpayer fees". Mr. Hurd added that it is very difficult to track and determine what, exactly, the fee should be to consistently break even each year. Mr. Krawczyk noted that legislation has just passed for manufacturers to begin picking up computers, etc. as of January 1, 2011. A fee schedule will be set up for the manufacturers based on market share and there will be no cost to the taxpayers. To answer Mr. Gulley's question about the $7.00 - Mr. Hurd stated that it is a user fee. Mr. Monks distributed the Draft Town Plan to the Board. A work session for the Board and the Planning Commission will take place on April 10, 2010 in the Town Office at 9:00am. 8. EXECUTIVE SESSION A. LOANS At 6:15 P.M., Sharyn Brush moved and John Zink seconded to go into Executive Session to discuss Loans. The motion carried unanimously. Respectfully submitted, Nancy H. Lively Secretary