BENNINGTON SELECT BOARD MEETING BENNINGTON FIRE FACILITY 130 RIVER STREET BENNINGTON, VERMONT 05201 MONDAY, FEBRUARY 27, 2012 MINUTES BOARD MEMBERS PRESENT: Joseph Krawczyk-Chair; Matt Maroney-Vice-Chair; Jason Morrissey; John Zink; Justin Corcoran and Sharyn Brush. ALSO PRESENT: Stuart Hurd-Town Manager; Michael Keane; John Shanahan 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 - FEBRUARY 13, 2012 Sharyn Brush moved and John Zink seconded to approve the Minutes of February 13, 2012 as submitted. The motion carried unanimously. 3.WARRANTS The warrants were circulated for signatures after Mr. Hurd answered questions on bank payments and the education tax. 4.CITIZENS Mr. Keane announced that there will be a Select Board Candidate Forum at the Fire House on February 28, 2012 at 7:00pm. Mr. Shanahan stated that all website affiliations of the Bennington Economic Development Task Force will carry the Chamber of Commerce/Town of Bennington header. A brief explanation of the Economic Development Task Force, local resources, downtown resources, and the organizations that are a part of it are listed at the Better Bennington Corporation website. Also, even though there is a Shires of Vermont partnership, the respective Chambers of Bennington and Manchester do their own individual advertising. Mr. Morrissey asked if the Task Force had established an opinion on the re-zoning of the Johnson Control site, and Mr. Shanahan answered that they had not as of yet but he will put it on their next agenda. Mr. Hurd added that the Planning Commission would like to meet with the Select Board at the March 12, 2012 meeting to make sure that they are on the right track with the Commercial/Industrial zoning designation before they hold their required Public Hearing. 5. FIRE DEPARTMENT REIMBURSEMENT ORDINANCE - FIRST LOOK Mr. Hurd explained that ARTICLE 27. BENNINGTON FIRE DEPARTMENT, Service Reimbursement Ordinance is proposed as a way to reimburse the Fire Department for "call outs that are not necessarily accidental in nature". This Ordinance is a compilation of several other ordinances and Town Counsel believes that it is a legally acceptable document. Many other communities in Vermont have already adopted a similar process. Discussion ensued with the following highlights: * If the fire department were called out by CVPS for power line problems, the Town would bill CVPS who may in turn bill another entity. * It is unclear as to who will be billed in the various incidences. * Any income that is generated from this will go into the main revenue stream of the fire department. * This is not for every call to the fire department. It is for those incidences where negligence or carelessness - as determined by the police - results in a call to the fire department when they wouldn't normally need to respond. * There are accidents, such as those caused by weather conditions, where noone is at fault. * We presently bill for false alarms where the police respond. The police then determine if it is necessary to call out the fire department. * Most of the bills will be sent to insurance companies. * If we are going to assess negligence or carelessness, there should be an appeal process included in the ordinance. * The ordinance is too vague and open ended. * The other towns that presently have a similar ordinance in place should be contacted for their input. Mr. Hurd will follow up on the Board's suggestions and bring the Ordinance back for additional discussion. 6.2012 LIQUOR AND TOBACCO LICENSE APPLICATIONS The following 2012 Liquor License Renewal Applications were circulated for signatures: First Class Renewals - 1.American Legion Post 13 2.Bennington Lanes 3.Eagles, Frat. Order, #1861 4.Kevins Sports Pub & Restaurant Second Class Renewals - 1.Aldi, Inc. 2.CVS Pharmacy #337 3.Martin's Mini Mart & Bev Disc. 4.Wal-Mart Store #2289 The following New First Class 2012 Liquor License Applications were circulated for signatures: 1.Bennington College Corporation - Commons Building 2.Bennington College Corporation - Student Center The following 2012 Tobacco License Renewal Applications were circulated for signatures. 1.CVS Pharmacy #337 2.Eagles, Frat. Order, #1861 3.Martin's Mini Mart & Bev. Disc. 4.Wal-Mart Store #2289 7.MANAGER'S REPORT No report. 8.OTHER BUSINESS Mr. Zink encouraged everyone to participate in the Select Board Candidate Forum on February 28th. Ms. Brush asked if there had been any feedback on the new streetlights that CVPS is putting up, and Mr. Hurd answered that they are easier on the eyes, more focused on the street, brighter and more efficient. Mr. Maroney asked if the RAHC appraisals were static, and Mr. Hurd answered that RAHC may have started out at a lower value because it is limited to tenants of a certain income and cannot ever be marketed at fair market value without penalty, however, they do get updated when reappraisals are done. Mr. Morrissey noted that private property owners renting to the same clientele do not receive this benefit. Mr. Hurd will follow up with the Town's appraiser to verify the method that is used in appraising these properties and issue a memo to the Board. Mr. Krawczyk reminded everyone that Town Meeting Day is March 5, 2012 at the Fire House at 7:00pm, and voting is on March 6, 2012 also at the Fire House from 7:00am to 7:00pm. 9.EXECUTIVE SESSION A.CONTRACT(S) B.PERSONNEL C.LEGAL At 6:50 P.M., Sharyn Brush moved and Justin Corcoran seconded to go into Executive Session to discuss a Contracts, Personnel, and Legal. The motion carried unanimously. Respectfully submitted, Nancy H. Lively Secretary