BENNINGTON SELECT BOARD MEETING BENNINGTON FIRE FACILITY 130 RIVER STREET BENNINGTON, VERMONT 05201 MONDAY, APRIL 26, 2010 MINUTES BOARD MEMBERS PRESENT: Lodie Colvin-Chair; Jason Morrissey-Vice-Chair; John Zink; Chris Oldham; Sharyn Brush and Matt Maroney. ALSO PRESENT: Stuart Hurd-Town Manager; Dan Monks-Planning Director; Donna Baker; John Traver; Scott Grover; Patrick McCardle; Neal Goswami-Bennington Banner and Nancy Lively-Recording Secretary. 1.EXECUTIVE SESSION (2ND FLOOR CONFERENCE ROOM) A.INTERVIEWS FOR BOARDS & COMMISSIONS - DEVELOPMENT REVIEW BOARD At 7:04 P.M., Lodie Colvin called the meeting to order. 2. MINUTES - APRIL 12, 2010 Sharyn Brush moved and John Zink seconded to approve the Minutes of April 12, 2010 as presented. The motion carried with Chris Oldham abstaining. 3. WARRANTS The warrants were circulated for signatures after Mr. Hurd answered Board questions on gas prices and heating fuel. 4. CITIZENS Mr. Scott Grover would like to rezone the Johnson Control site from industrial to commercial, and feels that the Board is "slamming the door shut" not to reconsider that. Ms. Colvin noted that it will be under consideration again when the Planning Commission discusses their plan for the Town Plan with the Board. There will be at least two more Public Hearings before the Plan will be ready to bring to the Board for discussion, making that discussion date probably sometime in June. 5. GREEN MOUNTAIN COMMUNITY NETWORK TRANSIT CENTER Ms. Brush recused herself from this agenda item. Mr. Hurd explained that the Board has already approved the concept for a transit center at this location, and Green Mountain Community Network is here to discuss the use of the parking lot as an exit route from the transit center. Approval of this by the Select Board is required before taking this to the Development Review Board. Mr. Traver stated that there will be a 35' turn in radius into the existing driveway with a 54' outside radius (only 50' is required) which will accommodate the Yankee Trails buses that presently stop on School Street. The coaches would then continue around the building and exit behind the first row of cars in the parking lot. The plan will also free up 20 to 22 parking spaces at the Center, as well as, getting the Yankee Trails buses off of School Street, thus making both areas much safer. There are two coaches, twice a day, five days/week, however, other bus lines besides Yankee Trails could also be accommodated should they decide to return to Town. Signage will clearly mark the egress of the busses although there is room for two-way traffic should a car enter the Center from the wrong direction. Chris Oldham moved and John Zink seconded to approve the Green Mountain Community Network Transit Center request to use the Town parking lot as an exit route for their buses as presented. A condition of the motion will be that the Green Mountain Community Network provides a Certificate of Insurance naming the Town as an additional insured to the Town. The motion carried unanimously. 6. PLANNING GRANT AUTHORIZATION Mr. Monks explained that the Town is eligible for a Municipal Planning Grant from the Vermont Agency of Commerce and Community Development, Department of Housing and Community Affairs. The grant funds may be used for technical assistance for town planning implementation of plans and ordinances, encouragement of citizen participation and education, and innovative demonstration planning projects. Municipalities may apply for up to $15,000 with no local match required. The Planning Commission has approved, subject to Select Board review and approval, a grant application of up to $3,500 to hire a consultant to develop a website for the Town of Bennington Planning Commission. Another option for use of the money was for a municipal energy plan, however, the regional commission already has a detailed Bennington County Energy Plan that they have offered to work into a municipal plan at no cost to the Town. Sharyn Brush moved and John Zink seconded to sign the Resolution for Municipal Planning Grant as presented. The motion carried unanimously. 7. POLICE CHIEF'S POSITION - INTERVIEW PROTOCOL Ms. Colvin explained that the Board has been discussing how they can be involved in the Police Chief hiring process while leaving that ultimate decision to the Town Manager. Mr. Maroney and Mr. Hurd have suggested the following Police Chief Interview Protocol to the Board: 1. The Manager and the Board collectively identify candidates for the Panel. The Board, with the Managers input, determines who sits on the panel. The panel shall consist of no more than six persons, including the Manager. Board determines panel members from its own Board (maximum two). 2. The Panel reviews all or a predetermined number of applications. (Predetermination may include designating the area from which applicants will be deemed eligible for consideration, years of experience, and/or educational background, although minimum qualifications are included in the job description now on file.) A regional search area has been suggested - New York and New England. 3. The Panel develops interview process and conducts the interviews. Upon completion of the interviews, the Panel may recommend candidate(s) for reference and background checks which are to be conducted by the Manager. The Manager will report his/her findings to the Panel and directly to the Select Board. 4. The presentation of the recommended appointee by the Manager to the panel and/or the Board, shall include reasons for said recommendation and desired appointment. 5. Following the meeting with the Select Board, the Manager shall be free to exercise his/her exclusive authority in making the appointment and negotiating the terms of employment, all in the best interests of the Town of Bennington. The Board made the following comments: Ms. Colvin and Ms. Brush: Comfortable with it as presented. Mr. Morrissey: Comfortable with the compromise as presented and glad that the Board will be privy to the reference and background check information. Mr. Zink: Comfortable with it as presented and feels that it will satisfy those that were concerned about the Board's involvement in the hiring process. Matt Maroney moved and Sharyn Brush seconded to accept the Police Chief Interview Panel/Committee Protocol as stated above. The motion carried unanimously. The five people that will serve on the Panel with the Manager will be chosen at the next Board Meeting. 8. APPOINTMENTS TO BOARDS & COMMISSIONS A.Housing Authority B.Planning Commission C.Development Review Board D.Listers Ms. Colvin noted that, due to the number of people interested in these positions, there will be further discussion in Executive Session under Personnel before the appointments are made. 9. 2010 LIQUOR AND TOBACCO LICENSE APPLICATIONS Sharyn Brush moved and John Zink seconded to circulate the 2010 Liquor License Renewal Applications and the 2010 Tobacco License Renewal Applications Approval Sheet for signatures on the following: 2010 Liquor License Renewal Applications - First Class Renewals 1.150 Depot LLC 2.Jensen's Restaurant, Inc. 3.Red Rascal Pub 4.Alldays & Onions 2010 Liquor License Renewal Applications - Second Class Renewals None. 2010 Tobacco License Renewal Applications None. The motion carried unanimously. 11. MANAGER'S REPORT Mr. Hurd reported the following budget review for the FY10 3rd Quarter: Revenues Expenditures General Fund 86.76% 71.10% Highway Fund 95.28% 81.27% Fire Fund 109.02% 72.13% Water Fund 69.40% (3rd & 4th qtr billings not posted) 75.38% Sewer Fund 60.06% (3rd & 4th qtr billings not posted) 78.38% 12. OTHER BUSINESS None. 13. EXECUTIVE SESSION A.PERSONNEL At 7:38 P.M., John Zink moved and Sharyn Brush seconded to go into Executive Session to discuss Personnel. The motion carried unanimously. Respectfully submitted, Nancy H. Lively Secretary