BENNINGTON SELECT BOARD MEETING BENNINGTON FIRE FACILITY 130 RIVER STREET BENNINGTON, VERMONT 05201 MONDAY, SEPTEMBER 10, 2012 MINUTES BOARD MEMBERS PRESENT: Joe Krawczyk - Chair; Sharyn Brush - Vice Chair; Justin Corcoran; Jim Carroll; Greg Van Houten; Jason Morrissey; Chris Oldham. Absent: none ALSO PRESENT: Stuart Hurd-Town Manager, Dan Monks-Planning & Zoning Administrator, John Shannahan-Better Bennington Corporation (BBC); Mike Bethel-Community Activist; Numerous citizens (those who spoke are noted below). At 6:00 P.M., Joe Krawczyk called the meeting to order. 1. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Greg Van Houten, recited by all. 2. MINUTES - August 27, 2012 Jason Morrisey noted (1) correction. Motion #7 in regards to the Old Castle Theatre Revolving Loan proposal was motioned by Jason Morrissey. Motion: Joe Krawczyk moved and Greg Van Houten seconded to approve the Minutes of August 27, 2012 with correction. Motion passed unanimously. 3. WARRANTS The next warrants of FY'13 were reviewed and circulated for signatures. 4. CITIZENS Mary Goble, co-owner of Doug's on Main Street, approached the Select Board for some assistance. Ms. Goble requested copies of all Police Incident Reports regarding her establishment from the Bennington Police Department. Ms. Goble was informed she could have those but was it was at an "unknown cost". Stuart Hurd, Town Manager, explained the cost would be $0.05 per page. Ms. Goble was informed by the Police Department that there would be an additional cost (unknown at this time) due to the time it would take to gather all the paperwork. Ms. Goble asked if the Manager would contact the Bennington Police Chief for the additional amounts for her because the Bennington Police Chief has not returned any of her previous calls. The Manager agreed to do so. Joanne Erenhouse, Bennington Chamber of Commerce, approached the Select Board wishing to thank everyone for a very successful Garlic Fest. Jim Carroll wanted it noted that the Bennington Chamber of Commerce needed 100 volunteers for the Garlic Fest but managed to be successful with only 30 volunteers. Special recognition was given to Milt Surdam, Garlic Fest volunteer, for being the "Trash King". Ms. Erenhouse also wanted to invite everyone to the Bennington Car Show September 15th and 16th, 2012 at Willow Park. Chris Oldham noted that many people from surrounding towns are very excited about the Catamount Prowl coming to Bennington in 2013. 5. PUBLIC HEARING - LAND USE REGULATIONS Joe Krawczyk started the hearing by reminding everyone that this is not a debate. This is the first of two hearings on this issue. The second hearing will be at the next Select Board meeting to be held on September 24th, 2012. The property in question is located along 67A / North Bennington Road, formerly known as the Johnson Controls parcel. Joe Krawczyk asked Mr. Gladstone, owner of the property in question, to approach the Select Board with any information he had to present. Mr. Gladstone passed out a conceptual design of the Johnson Controls parcel and how it may be developed. This design showed a mixed use of commercial and industrial but not at equal amounts. Mr. Gladstone did not feel the need to repeat the many points made in past meetings of 2011 regarding this issue. However, Mr. Gladstone did present what he felt were positive aspects to changing the zoning of this property. The Select Board debated some of the aspects with Mr. Gladstone. Questions regarding the conceptual design and it flexibility were also asked and answered. The Select Board and Mr. Gladstone then reviewed the many projects and developments (commercial and residential) that his family have done over the approximately 50 years of owning properties in Bennington. Some include the Home Depot Plaza, K-Mart Plaza, the former Ramada Inn and a few homes along Town Line Road. The Select Board moved on to ask about the potential commercial clients and marketing that has been done for the former Johnson Controls parcel. Mr. Gladstone stated that this parcel has been marketed for industrial use for approximately 10 years through many venues and has been unsuccessful. Commercial clients will not be targeted until the change in use has been approved. Concerns were brought up regarding more "dollar stores" filling the retail space and whether a local retailer would be able to rent one of the 12 retail locations proposed in the conceptual design. Jason Morrissey noted that he felt focus on the real issue was being lost. Mr. Morrissey noted that this hearing is about changing the land use of the former Johnson Controls parcel to a planned commercial district and redefining what a planned commercial district is. Jason Morrissey would like to urge the board not to accept this change. Joe Krawczyk stated that there was no action required by the board this evening. There is another hearing to take place in two weeks. Deliberations will take place then. Mike Bethel approached the Select Board to state that he felt that Bennington needs to make smart growth or Bennington will go bankrupt. Mr. Bethel urged the Select Board to change the use of this parcel. Sam Restino approached the Select Board and questioned whether the Town of Bennington wants aesthetics or tax basis. Motion: Sharyn Brush motioned to close the discussion. Jim Carroll 2nd the motion. Motion passed unanimously. 6. TREASURER - $5 MILLION LINE OF CREDIT Stuart Hurd, Town Manager summarized the document. The Manager explained that this is not a new line of credit. This document is simply an extension of our existing line of credit with the People's United Bank for one year while working with FEMA and the State of Vermont for reimbursement of monies from Hurricane Irene damage. Sharyn Brush disclosed that although she is an employee of the Peoples United Bank, she is in no way involved with the Government Banking division Motion: Justin Corcoran motioned to waive the reading of the resolution and to sign documents needed. Chris Oldham 2nd the motion. Motion passed unanimously 7. SOUTHSHIRE COMMUNITY MARKET DISCUSSION Joe Krawczyk asked John Shannahan, Better Bennington Corporation (BBC) and Kelly Maclaney, citizen and advisory board member, to present to the Select Board information on the proposed Food Cooperative (Food Co-op) to be known as the Southshire Community Market. Joe Krawczyk reminded everyone that the Select Board has no authority regarding this grant. This meeting is simply to become informed of this process and that the Bennington Officials (Select Board) should be informed of where Bennington stands in this Federal Grant. John Shannahan, BBC, presented a brochure packet for the Select Board including the eligibility requirements for such a grant, portions of the grant application itself, the regulations that determine what a "food dessert" is, where the term comes from and how the federal grant could help make the Food Co-op a successful program. Kelly Maclaney introduced herself as a local resident of 10 years+ and an educator in the Bennington area. She went on to further discuss her background and how she became interested in bringing a Food Co-op to Bennington. She continued by discussing the research she conducted, information she gathered and how she became a part of the advisory board for this project. Joe Krawczyk questioned what would happen if they were not awarded this grant. Kelly Maclaney explained that the Food Co-op will move forward, but would just then begin on a smaller scale and more grow slowly. Kelly Maclaney explained that they would begin their first drive for the first 100 viable members. After they have achieved 100 members they will continue to look for secondary funding. Jim Carroll reminded everyone that this is not entirely "free money" that these grants have many strings attached and if not abided by the money will have to be paid back. Comparisons were discussed such as Brattleboro's Food Co-op that has been very successful and Troy, NY's Food Co-op that failed. Select Board members continued with questions of how local businesses could be involved and a part of the Food Co-op instead of in competition with the Food Co-op. Some local downtown businesses were mentioned that have already began discussions with the Advisory Board on ideas how they may benefit from this project. Citizens then stepped forward to speak on this matter: * Kathy Solien, local resident, questioned if the start up money came from anywhere but a grant would this even be a discussion. Ms. Solien went on to speak in support of the Food Co-op and feels that competition is good. * Holly Church, identified herself as a low income resident and spoke in favor of a low-priced Food Co-op for healthy food. * Nancy Bemak, a community resident, noted that she frequents the Brattleboro Food Co-op and spoke in support of a Bennington Food Co-op for affordable healthy food. * Judy Murphy, community resident spoke in support of a Food Co-op. She also noted that she believed that residents would still frequent the "Mom and Pop" stores for their specialty items, for example Henry's Market for steak, but the Food Co-op would be for affordable groceries. Ms. Murphy feels this is a "win-win" and would be a great enhancement to the downtown area. * Natasha Garder, downtown business owner (Crazy Russian Girl Bakery) noted that yes competition could be scary but that the Food Co-op would also serve in an educator capacity for healthy foods. Ms. Garder went on to say that competition can also be good and we need it. She spoke in favor of the Food Co-op. * Allison Church approached the Select Board as someone who has worked in Bennington many times over the years. She asked that the Select Board take many aspects of this project into consideration. * Matthew Starkey, downtown business owner (South Street Café) discussed many of the pro's and con's of having a Food Co-op in the downtown area. He does not feel as concerned about the competition because service is a big part of his business and why people return to his establishment. Justin Corcoran asked if Mr. Starkey was approached about this project and any concerns he may have as a local business owner. Mr. Starkey replied that he had only been approached after the grant had been applied for. * Joanne Erenhouse, local resident, expressed concern that the discussion was focused on what businesses would fail and which would succeed. Ms. Erenhouse advised that local businesses should focus on their own business, present a good product at a good price and a clean representation. A successful business downtown can bring more success to other businesses downtown. * Carol (no last name given), recently moved to Bennington from Manchester, discussed her views on how difficult running a food business could be. John Shannahan, BBC, expressed how thankful he was to simply be allowed to answer questions regarding this project and to all that showed up regardless if they are in support of this or not. Motion: Chris Oldahm motioned to write a letter of support of the Southshire Community Market (Food Co-op). Jim Carroll 2nd the motion. Discussion: Jason Morrissey began discussion by stating that the Select Board was not asked to write a letter of support. This was only to be a forum. Mr. Morrissey felt that, as an elected official signing such a letter would position himself and/or the board in support of one business and not of another. Jason Morrisey does not support the motion. Justin Corcoran, agreed with the concept presented by Jason Morrissey. As an elected official, Justin Corcoran does not want to support one local business and not another and therefore does not support the motion. Greg Van Houten felt that since the Select Board was not asked to write a letter of support no action is required. The members of the Board and the community can show their support by making a purchase of choice when the Food Co-op opens. Greg Van Houten does not support the motion. Sharyn Brush reminded the board that this discussion was not meant for the Board to take a stand on the project. The discussion was simply to bring information to the Board and the people of Bennington. Sharyn Brush does not support the motion Jim Carroll wanted to have it noted that he does support the motion. He feels that the Food Co-op would not be one business owner but many owners working together for success. Chris Oldham supports the motion and thinks that more business should be Co-ops. Joe Krawczyk does not support the motion. We can all show our support by making a purchase of choice when the Food Co-op opens. Vote: Chris Oldham and Jim Carroll in favor / (5) Opposed - Motion did NOT pass 8. PROCLAMATION - "COMMUNITY RECOVERY DAY" Joe Krawczyk read the proclamation declaring September 20, 2012 as Celebrate Recovery Day in observance of National Recovery Month. Motion: Justin Corcoran motioned to approve resolution. Chris Oldham 2nd the motion. Motion passed unanimously 9. GRAND LIST - ERRORS AND OMISSIONS Stuart Hurd, Town Manager summarized the list of properties that need adjustments in the Bennington Grand List due to errors or omissions and asked that the Select Board approve these corrections. Motion: Jim Carroll motioned to approve the errors and omissions and to modify the Grand List in order to make it accurate. Sharyn Brush 2nd the motion. Motion passed unanimously 10. FIRE WARDEN APPOINTMENTS Stuart Hurd, Town Manager, reminded the Select Board that Adam Cross had resigned from his position as Bennington Fire Warden. Matt Hathaway who is currently the Deputy Fire Warden applied for the position as Fire Warden. Henry Higgins, of the Rural Fire Department has applied for position of Deputy Fire Warden. Both of these terms are for a 1-year period and these appointments would only be to finish out the current 1-year term. Motion: Greg Van Houten motioned to appoint Matt Hathaway to Fire Warden and Henry Higgins to Deputy Fire Warden for the remainder of the current 1-year term. Just Corcoran 2nd the motion. Motion passed unanimously 11. MANAGER'S REPORT Stuart Hurd, Town Manager had nothing additional to report. No action is required. 12. OTHER BUSINESS Sharyn Brush noted that the Bennington Recreation Center on Gage Street has re-opened. The pool is beautiful and Tracey Knights has lots of activities planned for the pool. Please come take a swim. Joe Krawczyk noted that a response letter was received from Vermont Railways. There are no toxins stored in the railway cars. Joe Krawczyk also noted that the next leg of the "Bennington Bypass" is now open and that the office on 67A is now closed. Jim Harris worked very hard for 6-7 years with the Bypass and with the Welcome Center for Bennington that will open. Joe Krawczyk asked if the Manager would draft a letter for the Select Board members to sign thanking Jim Harris for all his hard work. All members agreed to sign the letter. The Manager agreed to draft the letter for the Select Board Joe Krawczyk lastly wanted to remind people that when anyone comes forward to speak at Select Board meetings that we should all remain respectful. Motion: Justin Corcoran motioned to close the meeting and move to executive session. Greg Van Houten 2nd the motion. Motion passed unanimously. 13. EXECUTIVE SESSION A.CONTRACTS Respectfully submitted, Linda E. Bermudez Secretary Select Board Minutes September 10, 2012 Page 1 of 6