BENNINGTON SELECT BOARD MEETING BENNINGTON FIRE FACILITY 130 RIVER STREET BENNINGTON, VERMONT 05201 MONDAY, NOVEMBER 28, 2011 MINUTES BOARD MEMBERS PRESENT: Joseph Krawczyk-Chair; Matt Maroney-Vice-Chair; Jason Morrissey; John Zink; Chris Oldham; Justin Corcoran and Sharyn Brush. ALSO PRESENT: Stuart Hurd-Town Manager; Kevin Goodhue; Larry McLeod; Brian Marthage; Bonnie and Colin McKeighan; Julia Carp; Joann Erenhouse; Neal Goswami-Bennington Banner and Nancy Lively-Recording Secretary At 6:00 P.M., Joseph Krawczyk called the meeting to order. 1.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited by all. 2.MINUTES - NOVEMBER 14, 2011 Justin Corcoran moved and Sharyn Brush seconded to approve the Minutes of November 14, 2011 as submitted. The motion carried unanimously. 3.WARRANTS The warrants were circulated for signatures. 4.CITIZENS Ms. Erenhouse announced the following holiday events and activities: * 11/29/11 - Luncheon with the President and CEO of Green Mountain Power. * 11/30/11 @ 8:00am - Chamber Plant Tour at Catamount Glass. * 12/1/11 - Evening meeting of the Economic Development Task Force. * 12/3/11 - Holiday Gala at the Bennington Museum. * 12/7/11 @ 4:30pm - Tree Lighting Ceremony at the Veteran's Home. * 12/10/11 - St. Peter's Church Annual Christmas Tea in the afternoon. * 12/13/11 @ 5:30pm-7: 30pm - Chamber's Annual Holiday Mixer at the People's Bank. * 12/13/11 - Evening Public Meeting of the Track 3 Passenger Rail Service Study at the Bennington Fire Station. 6.2011 GRAND LIST - ERRORS & OMISSIONS Mr. Hurd explained that the Bennington Chamber of Commerce and the Bennington Rescue Squad, Inc. are being added as fully taxable due to an error by the Town, and he will be appearing before the Board of Abatement on behalf of these agencies. Chris Oldham moved and Sharyn Brush seconded to accept the Errors and Omissions to the 2011 Grand List as presented. The motion carried unanimously. 7.TRACK 3 RAIL STUDY LETTER OF SUPPORT Mr. Krawczyk read the Track 3 Rail Study Letter of Support addressed to Governor Shumlin as follows: "The Bennington Select Board has followed the "Track 3 Rail Study" now under consideration by the Vermont Agency of Transportation. As you may know, establishing rail service for freight and passenger service is a goal of our town and an important part of our Town Plan. Throughout the past decade (and earlier) Bennington's Town Plan has consistently identified the expansion of freight and passenger rail service to the Town and to the region as essential to the economic growth and development of the Town. This includes the upgrade and maintenance of the rail spur stretching from the North Bennington Rail Depot to the area of industrially zoned property adjacent to the Route 67A area of North Bennington Road. Rail service is of unique importance to Bennington County as our county lacks the access to the interstate highway system that the rest of the State enjoys. The Select Board urges you and your administration to continue its strong support of the restoration of freight and passenger rail service to Bennington throughout the Track 3 Study process and beyond." Sharyn Brush moved and John Zink seconded to accept and sign the Track 3 Rail Study Letter of Support as presented. The motion carried unanimously. 8.MANAGER'S REPORT Mr. Hurd reported that the speed warned analysis that we requested on Route 7 South was not found, and the Agency of Transportation is not supporting a reduction in speed there. They will, however, be looking at the signage and additional crosswalk signage where the Conservatory is. There is a Public Hearing scheduled before the Transportation Board in mid-December 2011. Mr. Hurd announced that there will be a regularly scheduled Select Board Meeting at the Fire House on December 12, 2011 at 6:00pm, and a brief meeting at the Town Office Conference Room on December 19, 2011 so as not to have to meet the day after Christmas. 9.OTHER BUSINESS None. 5. BOARD OF HEALTH HEARING - EMERGENCY HEALTH ORDER - SUNSET MOBILE HOME PARK Ms. Brush and Mr. Morrissey recused themselves from the Hearing due to Conflicts of Interest. Mr. Hurd read the Witness' Oath. The following testimony was given: Kevin Goodhue: * The Town received a complaint from Stuart Willard of Harwood Hill regarding surface water run off onto his property from Sunset Mobilehome Park. * Mr. Willard's well was tested on September 12, 2011 and the test came back positive with total coliform and E. coli. * A meeting was scheduled in October and John Bushee, Sr. cancelled the meeting on October 26, 2011. Larry McLeod: * An Emergency Health Order was issued to John Bushee, Jr. and his attorney, Brian Marthage, and none of the conditions outlined in the Health Order were followed by Mr. Bushee, including advising the tenants that there was a problem with the water, or hiring an engineer to determine the source of the E. coli. * After the Health Order was issued, the Town notified the tenants of the situation and that they should be boiling their water. * We did do some testing of drinking water in some of the mobile homes. Two of the tests came back negative for total coliform or E. coli. The third test was also tested for chlorine and came back with 1.5 PPM of chlorine. Bennington town water is 1 PPM. We knew the third test would come back negative for coliform and E. coli due to the high chlorine level. * Water systems with chronic E. coli presence need to be treated with chlorine at a 2 PPM level. * Chlorine is commonly used to disinfect well water, however, it skews the test results. * We want Mr. Bushee to hire a disinterested third party engineer to be sure that the system is flushed of chlorine and that three consecutive tests done one week apart come back negative for coliform and E. coli. * After that, the Health Order would also require that water samples be taken monthly - by the Town - for a year and tested for total coliform, E. coli, and chlorine. * The monthly testing by the Town would require good lines of communication between the Town and Mr. Bushee so that the tests are done at the best time possible. * The State Board of Health has authority to regulate over any issue that impacts public health. "Our frustration has been with the State of Vermont kind of sitting on their hands with it." Brian Marthage: * Mr. Bushee had tested the water four times - October 18th; November 7th; November 17th; and November 21st - after the positive coliform and E. coli test that came from the kitchen sink of Colin McKeighan, Sunset Mobilehome Park, Lot #11 on October 5, 2011. * Mr. Bushee did put chlorine in the water when working on the system to try and remedy the problem. * There has been one dirty test and three clean tests from Mr. Goodhue and one clean test from Mr. Bushee from mid-October to mid-November. One dirty test does not warrant an emergency health order that requires subsequent testing for a year. * Consequences of this length of time could be a financial burden to Mr. Bushee by tenants withholding rent and/or moving out. * The Town has the right to come into the Park and test whenever they feel there is the need to do so. * Mr. Bushee chose to have the water system tested instead of following the conditions of the Health Order. * There are 11 units connected to the water supply. * In 2009, Mr. Goodhue had also issued an Emergency Health Order that was followed up by the Agency of Natural Resources (ANR) with litigation that was dismissed by the court. There has been no further action by ANR. Bonnie McKeighan: * There was a broken water pipe under Ms. McKeighan's trailer, which created the surface water that flowed into the neighbor's lawn. This dried up when the pipe was fixed. * There have been repeated issues with the water quality in the Park for some time. Both she and her husband have been treated for giardia and drink only bottled water since then. Julie Carp: * The presence of E. coli and coliform have been an issue since 2008. The Town and the State both issued a Health Order and the State's was dismissed because there was no jurisdiction. Subsequently the State's Division of Waste Water Management issued a similar Health Order, which was never appealed. * A letter from Dave Swift from the Division of Waste Water Management that stated what needed to be done so as not to be deemed a failed water supply was shared with the Board. Stuart Hurd: * The Town Health Officers have jurisdiction over the water system because it is not a public water supply, and the State would have jurisdiction over the septic system. * It is his recommendation that we ask for three more tests - a week apart - performed by the Town in the presence of the owner or his charge, to test for chlorine, coliform, and E. coli. If these tests are all good, then the Emergency Health Order would be dropped. If these tests are bad, then the Health Officers should report back to the Board for further actions. Colin McKeighan: * Believes that chlorine was evident in the water today. * The tenants had received a letter from the State in 2008 telling them to not drink the water as per an order that was dated in 2007. * Mr. Bushee has never notified the tenants that they should not drink the water. It was the Board's decision for the Town Health Officers to take three more samples, a week apart, beginning on November 29, 2011 in the presence of Mr. Bushee or his designee, to test for chlorine, coliform, and E. coli. If these test results are free of chlorine, coliform, and/or E. coli, the Emergency Health Order would be dropped. If these test results show the presence of chlorine, coliform, and/or E. coli, the Health Officers will report back to the Board for the next action. John Zink moved and Chris Oldham seconded to close the Board of Health Hearing - Emergency Health Order - Sunset Mobile Home Park. The motion carried unanimously. 10.EXECUTIVE SESSION A.PERSONNEL At 7:10 P.M., Justin Corcoran moved and John Zink seconded to go into Executive Session to discuss Personnel. The motion carried unanimously. Respectfully submitted, Nancy H. Lively Secretary