BENNINGTON SELECT BOARD MEETING BENNINGTON FIRE FACILITY 130 RIVER STREET BENNINGTON, VERMONT 05201 MONDAY, JULY 12, 2010 MINUTES BOARD MEMBERS PRESENT: Lodie Colvin-Chair; Jason Morrissey-Vice-Chair; Chris Oldham; Sharyn Brush; Joseph Krawczyk and Matt Maroney. ALSO PRESENT: Stuart Hurd-Town Manager; Dan Monks-Planning Director; John Shanahan-Better Bennington Corporation Director; Audrey Fientrucha; Neal Goswami-Bennington Banner and Nancy Lively-Recording Secretary. At 7:00 P.M., Lodie Colvin called the meeting to order. 1.MINUTES - JUNE 28, 2010 Sharyn Brush moved and Joseph Krawczyk seconded to approve the Minutes of June 28, 2010 amended as follows: Lines 13, 29, 31, 35, 45, 48, and 66 - Change "Ornierna" to "Odierna". Lines 13 and 40 - Change "Vogue" to "Ball". The motion carried unanimously. 2. WARRANTS The warrants were circulated for signatures after Mr. Hurd answered Board questions on the Grandview Avenue paving project, the Christmas decorations, the quarterly contribution of insurance to the VLCT, Nemer, Peckham Industries, and the waste oil disposal. 3. CITIZENS Ms. Fientrucha, as representative of the Campaign for Liberty, requested to be able to march in the Battle Day Parade. However, Ms. Fientrucha should have been at the Fire Department meeting on the second floor, and not the Select Board meeting on the third floor. 4.BETTER BENNINGTON CORPORATION'S BUDGET AND WORK PLAN Mr. Shanahan presented the Board with the Better Bennington Corporation Annual Budget for July 2010 through June 2011 noting that the DIC Operating Grant amount is similar to last year at $69,948. Funding in addition to the Grant and membership dues comes from sponsorships, donations, and grant writing including many contributors coming from outside the downtown district, itself. Mr. Shanahan would also like to present to the Select Board on a quarterly basis, and the Board was receptive to that idea. Joseph Krawczyk moved and Chris Oldham seconded to accept the Better Bennington Corporation Annual Budget and Work Plan for July 2010 through June 2011 as presented. The motion carried unanimously. 5. ROARING BRANCH FLOOD MITIGATION PROJECT REPORT Mr. Monks stated that the Select Board adopted the Channel Management and River Corridor Retention Plan for the Walloomsac River and the Roaring Branch in December 2007 with money coming from the State to study the river. In December 2008, the Agency of Natural Resources (ANR) presented the Roaring Branch Channel and Floodplain Restoration Project to the Board, and to date, the State has awarded over $500,000 toward the design and construction of the first two phases of the project. The purpose of this project is to mitigate flood damage by allowing the river to access more of the historical floodplain, thus reducing the velocity and force of the river during a flood event. This will be accomplished by constructing new levees further away from the river's edge, removing the existing levees and obstructions in the channel between the Park Street and North Branch Street bridges, and "beefing up" the Park Street Bridge. Most of the historical floodplain is land owned by the State so by allowing the river to access more of it will divert the river away from private property. State officials will be visiting the project site on July 21, 2010. Phase I, which has been fully funded, involved the repair of the existing rip-rap stone armor on the northern bank just upstream from the Park Street Bridge, the construction of 700 linear feet of a new berm further away from the river's edge, the removal of 700 linear feet of the existing berms on the north side of the river, and removal of the island immediately upstream from the Park Street Bridge. This work was completed on July 9, 2010. Phase II, will involve the construction of an additional 700 linear feet of new berm further away from the river's edge than the existing berms, the removal of an additional 700 linear feet of existing berms and the removal of the island immediately downstream from the Park Street Bridge. Material excavated from the existing berms not used in the new berm will be re-located and stockpiled in an area on the Jard parcel. Material excavated from the Island will be stockpiled on the Town's property adjacent to the Jard parcel. This work will begin around July 26, 2010. At some point in the future, Phases III, IV, and V hope to be done which will take the project up to the North Branch Street Bridge, also known as the 'Brooklyn Bridge'. 6. DUMP TRUCK LEASE-PURCHASE BORROWING Mr. Hurd explained that the laws of the State allow the Town to treat the purchase of highway equipment the same as a bonded purchase which will allow us to get a much better interest rate than we could get from a leasing corporation. Ms. Brush stated that, even though she works at Chittenden Bank, there is no conflict of interest with this agenda item. Jason Morrissey moved and Matt Maroney seconded to approve the purchase of a dump truck and to accept the Note, Resolution and Non-Arbitrage Certificate as presented. The motion carried unanimously. 7. SET FY2011 PROPERTY TAX RATE Chris Oldham moved and Sharyn Brush seconded to approve the FY11 Tax Rate as follows: General Fund - $.4997 Highway Fund - $.3121 Fire Department - $.0870 The motion carried unanimously. 8. DEPUTY HEALTH OFFICER REAPPOINTMENT Jason Morrissey moved and Sharyn Brush seconded to reappoint Kevin Goodhue to the position of Deputy Health Officer. The motion carried unanimously. 9. MANAGER'S REPORT Mr. Hurd reported that the education tax rates calculated by the State Department of Taxes for the Bennington School District were in the Boards packets for their perusal. Mr. Hurd reported that he has received a letter from Mary Smith, the owner of the dog in the vicious dog complaint, stating that she would muzzle the dog when it's off the property and being walked on a leash, the dog will be chained when in the yard, the lower windows in the house will remain closed to eliminate the dog from breaking through the screen again, and she will pay the vet bills for the injured dog. Mr. Hurd will put the information in the letter into an Order for the Board to sign, stating that these things are required, including the actual payment plan dollar amount to be paid for the vet bill. The enforcement of the Order will be done by the animal control officers. The dog apparently has issues with other dogs but is gentle to humans. Ms. Smith and the dog have lived in the neighborhood for four years. Mr. Maroney was concerned that the Town would be responsible if there is another incident with this dog, and Mr. Hurd stated that, if there is another incident, the Town may be sued but negligence would have to be established for the suit to be successful. One of the animal control officers raises pitbulls and is familiar with the breed. Both of the animal control officers are comfortable with this decision. Mr. Hurd will provide the Board with the animal control officers input on this situation. 10. OTHER BUSINESS Mr. Krawczyk extended kudos for the Fourth of July fireworks display, and Mr. Hurd commented that all of the sponsors have been recognized for their donations. Mr. Krawczyk clarified that the Boards and Commissions had Dan Monks' term expiring in March 2010, whereas, Mr. Monks had been reappointed and his term actually expires in March 2012. Mr. Oldham reminded everyone that Midnight Madness will take place on July 15, 2010. At 8:07 P.M., Sharyn Brush moved and Jason Morrissey seconded the adjournment of the meeting. The motion carried unanimously. Respectfully submitted, Nancy H. Lively Secretary