BENNINGTON SELECT BOARD MEETING BENNINGTON FIRE FACILITY 130 RIVER STREET BENNINGTON, VERMONT 05201 MONDAY, OCTOBER 12, 2009 MINUTES BOARD MEMBERS PRESENT: Lodie Colvin-Chair; Sharyn Brush-Vice-Chair; John Zink; Jason Morrissey; Joseph Krawczyk; Chris Oldham and Matt Maroney. ALSO PRESENT: Stuart Hurd-Town Manager; Scott Murphy-Director of Economic and Community Development; John Miner; Mike McDonough; Jim Carroll; Neal Goswami-Bennington Banner and Nancy Lively-Recording Secretary. At 7:00 P.M., Lodie Colvin called the meeting to order. 1.MINUTES - SEPTEMBER 28, 2009 John Zink moved and Chris Oldham seconded to approve the Minutes of September 28, 2009 amended as follows: Line 14 - change "Likaitis" to "Likakis" Line 38 - change "be effective January" to "be January" The motion carried with Sharyn Brush abstaining. 2. WARRANTS The warrants were circulated for signatures after Mr. Hurd answered questions on the fire extinguishers, the water tower feasibility study, the BBC/DIC maintenance contract and the police steps. 3. CITIZENS None. 4. VIETNAM VETERANS - HONOR ROLL PRESENTATION Mr. Miner explained that the Bennington War Service Honor Roll Concept has been revised from the original concept of three years ago to occur in three phases as follows: 1. The installation of additional monuments adjacent to the Medal of Honor monument. This was completed in May 2009. 2. Making the existing monument plaza ADA accessible by replacing the current crushed stone walking surface with a concrete slab, containing two areas of embedded memorialized brick pavers, and by the construction of a new entrance walk from the adjacent parking area. This is presently 80% done with completion expected by November 2009. A dedication will be held on November 11, 2009. The fountain has been eliminated from the plan. 3. Construction of the honor roll consisting of granite campaign monuments. The $80,000 federal grant will be used to purchase the granite monuments this winter with completion expected during the summer of 2010. Total project cost is anticipated to be $119,350 with $66,300 of that provided by in kind donations. Fundraising continues with the purchase of bricks, bottle and can redemptions, etc. Mr. Miner has requested that the Town place a $50,000 one-time funding request on the March 2010 ballot. Joseph Krawczyk moved and John Zink seconded to allow a one-time up to $50,000.00 funding request be put on the March 2010 ballot for the Bennington War Service Honor Roll Project without requiring 500 signatures to do so. Mr. Maroney and Mr. Oldham - although in support of the project - are opposed to the inconsistency of procedure by not requiring the signatures. It was noted that the Board would not be expected to make this kind of exception on a regular basis. This is a one-time request for a special community project and not a recurring request for a specific agency. The motion carried with Matt Maroney and Chris Oldham opposed. 5. VENDOR'S ORDINANCE - 2ND REVIEW Mr. Carroll had reviewed the proposed Vendor's Ordinance revision and made comments that were reviewed by the Board as follows: * The existing ordinance requires that the longest dimension of the vendor's cart be parallel with the curb. This has been addressed by adding "unless the longest dimension does not exceed 7'". * Mr. Carroll requested to have seating for a one-year period instead of just 6 months. The current Vermont Department of Health Regulations limit a license to a 6-month period. * Mr. Carroll feels that the required $500,000 insurance is excessive. He presently carries $350,000. The Vermont League of Cities and Towns recommends $1M but the Town felt that $500,000 was sufficient for those vendors serving food on the street without alcohol. If alcohol is served, $1M is required. * Mr. Carroll wanted to ensure that his radio was not considered in violation of the Noise Control Ordinance. The radio is always played well under the decibel of normal traffic and is not an issue at that level. * Mr. Carroll would like to continue to attach a sign to the telephone pole with a bungee cord that is removed every day and causes no damage to the pole. This can be replaced with an A-framed sign. * Mr. Carroll would only like to get verbal permission to operate from the organization sponsoring a Community Event instead of written permission. Written permission protects everyone involved and eliminates any gray areas concerning whether or not permission to operate, has indeed, been granted. * Mr. Carroll's picnic table is roughly 5' x 7' and doesn't comply with the 3' x 5' equipment dimension parameter. Mr. Hurd will check out what the acceptable dimensions would be for both the sidewalks and bulbouts, respectively, and bring his findings back to the Board at the next meeting. It was the consensus of the Board that they are in agreement with the Vendor Ordinance wording as presented with the exception of ARTICLE 4-11. EQUIPMENT, G. which will be discussed at the October 26,2009 meeting. The Board extended their appreciation to Mr. Carroll for his work on the ordinance revisions. 6. RECREATION CENTER AND FIELDS FEES Mr. Murphy stated that the proposed 9%-10% rate increase for the Bennington Recreation Center will generate, at the present enrollment, an additional $5,011/year in resident memberships and an additional $1,415 in non-resident memberships. Mr. Maroney noted that the general feedback that he has gotten from the public was that the increase was not enough. Mr. Hurd added that the overall Bennington Recreation Center budget is over $400,000 with $80,000 to $90,000 raised from direct recreation center areas; i.e., memberships, equipment rental, etc. The rest comes from the General Fund. The Board will review the Bennington Recreation Center rates on an annual basis as part of the budget process in the future. Jason Morrissey moved and Sharyn Brush seconded to accept the Bennington Recreation Center rate increases effective January 1, 2010 as proposed. The motion carried unanimously. Mr. Murphy also proposed the following field user fees which should generate approximately $2000/year in revenue: * Seasonal User = $100 * Tournament or Weekend User = $ 50 * Seasonal User with Lights = $250 * Tournament or Weekend User with Lights = $100 John Zink moved and Sharyn Brush seconded to adopt the Field User Fees effective January 1, 2010 as proposed. The motion carried unanimously. Mr. Murphy added that certain groups, such as the Special Olympics, may petition to waive the above fee. 7. MANAGER'S REPORT Mr. Hurd reported that the final settlement amount from the VOSHA inspection citations is $2,950.00 and the Vermont League of Cities and Towns is using our experience as an educational tool for all of its members. Mr. Hurd reported that, thanks to the conscientious use of health insurance by our staff, our Blue Cross/Blue Shield rates for calendar year 2010 will only increase by 1.2% - far below the industry trend. 8. OTHER BUSINESS Mr. Oldham extended kudos to the Chamber of Commerce for a successful Moosefest herd. Mr. Krawczyk thanked all of the sponsors of the Soldier Send Off that took place at Willow Park on October 10, 2009. 8. EXECUTIVE SESSION A.CONTRACTS B.PERSONNEL At 8:34 P.M., Chris Oldham moved and Sharyn Brush seconded to go into Executive Session to discuss Contracts and Personnel. The motion carried unanimously. Respectfully submitted, Nancy H. Lively Secretary